EFTA00126954.pdf
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DIGITALLY RECORDED
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SWORN STATEMENT
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OF
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OIG CASE #:
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2019-010614
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DEPARTMENT OF JUSTICE
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OFFICE OF THE INSPECTOR GENERAL
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SEPTEMBER 23, 2021
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RESOLUTE DOCUMENTATION SERVICES
28632 Roadside Drive, Suite 285
Agoura Hills, CA 91301
Phone:
EFTA00126954
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APPEARANCES:
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OFFICE OF THE INSPECTOR GENERAL
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BY:
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BY:
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WITNESS:
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OTHER APPEARANCES:
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NONE
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EFTA00126955
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MR.
: This is Special Agent
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Today is September 23, 2021. The time
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is 9:20 a.m., and we are beginning the
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interview. My name is
. I'm a
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Special Agent with the U.S. Department of
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Justice, Office of the Inspector General, New
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York Field Office, and these are my
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credentials.
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MS.
: I see.
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MR.
: This interview with the
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Federal Bureau of Prisons correctional officer
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lieutenant,
. Did I say that
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right?
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MS.
: Yes.
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MR.
: Is being conducted as part of
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an official U.S. Department of Justice, Office
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of the Inspector General, DOJ investigation.
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Today's date is September 23rd, 2021. The time
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is 9:20 a.m. This interview is being conduced
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at the Metropolitan Correctional Center in New
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York City. Also present is DOJ Senior Special
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Agent.
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MR. -:
. And
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these are my credentials. Thank you.
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MR.
: This interview will be
EFTA00126956
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recorded by me, Special Agent
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Could everyone please identify themselves for
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the record, and spell your last name? To
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start, again, I am DOJ/OIG Special Agent,
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MR.
: Senior Special Agent
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MS.
: I'm correctional lieutenant,
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MR.
: Thank you. This is an
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official DOJ/OIG investigation into the death
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of inmate Jeffrey Epstein, and you are being
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asked to voluntarily provide answers to our
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questions. Will you agree to a voluntary
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interview with the DOJ/OIG?
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MS.
: Yes.
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MR.
: Okay.
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MR.
: Thank you.
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MR.
: Please review DOJ/OIG form
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I1I-226/2. The form states, United States
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Department of Justice, Office of the Inspector
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General, Warnings and Assurances to Employee
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Requested to Provide Information on a Voluntary
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Basis. "You are being asked to provide
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information as part of an investigation being
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conducted by the Office of the Inspector
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General. This investigation is being conducted
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pursuant to the Inspector General Act of 1978,
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as amended. This investigation pertains to job
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performance failure, and security failure.
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This is a voluntary interview. Accordingly,
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you do not have to answer questions. No
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disciplinary action will be taken against you
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if you choose not to answer questions. Any
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statement you furnish may be used as evidence
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in any future criminal proceedings, or agency
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disciplinary proceedings, or both." The waiver
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states, "I understand the Warnings and
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Assurances stated above and I am willing to
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make a statement and answer questions. No
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promises or threats have been made to me, and
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no pressure or coercion of any kind has been
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used against me." Please read the form, and if
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you understand --
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MS.
: Okay.
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MR.
: -- can you please sign where
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it says employee name, signature?
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MR.
: Need a pen?
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MS.
: Thank you.
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MR.
: Move that out of the way.
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MR.
:
Yeah. (Indiscernible
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*00:03:03). Thank you.
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MS.
: Okay.
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MR.
: Lieutenant
, do you
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understand the form?
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MS.
:
Yes. Yes, sir.
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MR.
: And you are signing the form
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also.
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MS.
: Mm-hmm.
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MR.
: Thank you.
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MS.
: That's it. Do my name?
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MR.
: I'll fill out the
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MS.
: Okay.
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MR.
: -- that part.
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MS.
: No problem.
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MR.
: Okay.
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MR.
: Thank you.
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MS.
: Thank you.
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MR.
: I can fill it out
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anyways.
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MR.
: This is Agent
.
I'
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signing on the signature of the Office of
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Inspector General.
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MR.
: Thank you. And I am
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going to sign as the witness and put my name.
EFTA00126959
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Thanks.
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MR.
: Before starting the
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interview, I would like to place you under
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oath. Lieutenant
, can you please raise
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your right hand?
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MS.
: Sure.
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MR.
: Do you swear to tell the
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truth and nothing but the truth during this
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interview?
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MS.
: Yes. Yes, sir.
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MR.
: Thank you. Please let me
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know if you do not understand any questions,
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and I will repeat it or try to rephrase it for
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you.
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MS.
: Okay.
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MR.
: What is your current home
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address?
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MS.
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MR.
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of birth?
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MS.
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MR.
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number?
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MS.
Thank you. What is your date
: What is your social security
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MR.
: Thank you. And what is your
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current cell phone number?
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MS. -:
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MR.
: What is your highest level of
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education?
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MS.
: College. Bachelors.
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MR.
:
Which college?
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MS.
: The College of New Rochelle.
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MR.
: And what was your -? That's
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in New York?
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MS.
: It's upstate New Rochelle,
12
New York. Yes.
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MR.
: And what was your major in?
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MS.
: I was in psychology, though I
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believe is liberal arts.
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MR.
: What did you do prior to
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working for the BOP?
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MS.
: I worked for the New York
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City Police Department as a school safety
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agent.
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MR.
: And when did you start
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working for the BOP?
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MS.
:
When did I start?
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MR.
: Start.
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MS.
: May 18, 2003.
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MR.
:
When did you graduate
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college?
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MS.
: May of 2012.
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MR.
: Okay.
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MR.
: Thank you. Do you have any
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military service?
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MS.
: No, sir.
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MR.
: And you said in 2003, you
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started with the BOP?
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MS.
:
Yes.
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MR.
: And when did you -? What was
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the -? When did you first start?
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MS.
: MDC Brooklyn.
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MR.
: MDC Brooklyn?
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MS.
: Yes.
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MR.
: And you started as a C.O.?
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MS.
: Yes.
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MR.
: Okay. When did you graduate
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from BOP training?
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MR.
:
You don't remember the
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answer?
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MR.
:
Yeah.
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MR.
: It was probably shortly
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after you started, correct?
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MS.
:
Yes.
EFTA00126962
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MR.
: Okay.
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MR.
: Okay. And when did you
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come to MCC?
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MS.
: I came to MCC January 31st,
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2011.
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MR.
: And have you been here
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since?
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MS.
: Yes.
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MR.
: Okay. And have you been
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in the SIS Shop since then?
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MS.
: No.
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MR.
: Okay.
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MS.
: I went into the SIS Shop in
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2016.
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MR.
: 2016?
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MS.
: Yes.
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MR.
: And then, in 2019, were
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you a lieutenant with the SIS Office?
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MS.
: Yes.
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MR.
: Great.
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MR.
: Okay. That's the basic
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background we cover to --
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MR.
: Yeah, no --
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MR.
: -- on that.
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MR.
: -- you can go into the
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questions.
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MR.
: So, what we're going to talk
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to you today about is Mr.
Are you aware of
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who Jeffrey Epstein is?
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MS.
: Yes.
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MR.
: And was he an inmate at the
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MCC?
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MS.
: Yes.
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MR.
: Were you familiar with him
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while he was housed here at the MCC?
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MS.
: Yeah. I would say yes.
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MR.
: Okay. Let's start off.
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Well, were you familiar with his first suicide
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attempt?
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MS.
: Yes. I did the first
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investigation on that one. Yes.
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MR.
: Did that approximately, did
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that happen approximately around July 23rd,
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2019?
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MS.
: Yes.
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MR.
: Can you tell us what
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happened? Based on your investigation and what
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you found.
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MS.
: Based on my investigation,
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once I found out about the suicide attempt when
EFTA00126964
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I came to work, I spoke to the staff team, as
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well as his cellmate, to try to get both of
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their sides of the story.
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MR.
: Was that Tartaglione?
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MS.
: Yes. Mr. Tartaglione.
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MR.
: Okay.
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MS.
: I spoke to Epstein in the R&D
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area. He was a little hesitant, at first,
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about speaking to me. He kept asking me who
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was I? You know, what was I interviewing him
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for? And I explained to him my position as the
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SIS Lieutenant, to ensure his safety needs are
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met, and, you know, I questioned him about
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whose the alleged suicide attempt, and he said,
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I don't remember what happened. I remember him
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telling me he went to get a drink of water, and
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all he remembered is he was on the floor. And
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the staff will come in and he wouldn't provide
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much of anything else.
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I did question him about Mr. Tartaglione.
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You know, did you guys have any words with each
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other? You know, we were just cellmates at the
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time. You know, when you went to get the drink
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of water, and he would -. Either he say he was
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laying on the floor, or sitting on the bed.
EFTA00126965
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You know? I asked him, you know, are you
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telling me the truth? Is there anything that
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you would like to volunteer? You know, did you
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intentionally try to harm yourself? And at
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times, like, I didn't try to harm myself.
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don't know what happened. I just got a drink
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of water, and next thing you know, I was on the
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floor.
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MR.
: Did you ask him if
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Tartaglione attempted to harm him?
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MS.
: Yes.
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MR.
: And what did he say to
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that?
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MS.
: And he said no.
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MR.
: And he said Tartaglione
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did not --
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MS.
: Yes.
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MR.
: -- try to harm him?
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MS.
: He said he did not.
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MR.
: Okay.
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MR.
: Was there a noose found
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around his neck, at that point? Do you know?
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MS.
: I think it was. I think it
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was. At the time. It was a rope, I want to
25
say, or something to that effect. They had
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brought down to the SIS Shop, that they found.
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I can't tell you that they found it around his
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neck because I can't remember. To be honest
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with you.
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MR.
: And how did the C.O.s become
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aware that he had possibly tried to commit
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suicide?
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MS.
: To my knowledge, Mr.
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Tartaglione is who alerted the officers, by
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banging on the door.
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MR.
: And when the officers found
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him, did they find a noose around his neck?
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How did they find him, do you recall?
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MS.
: I can't recall. I know that
15
they found him on the floor. But I can't
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recall if it was around his neck.
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MR.
: And Mr. Epstein stated that
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Tartaglione did not try to kill him.
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MS.
: Yes.
20
MR.
: Except there was a noose.
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MS.
: Yes.
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MR.
: Did he mention if he made the
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noose himself, or how the noose came about?
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MS.
: No. He didn't.
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MR.
: And what was your impression
EFTA00126967
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after talking to him? Did you believe that he
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tried to take his own life?
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MS.
: I kind of had mixed feelings
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about it because he was insistent on that he
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didn't try to take his own life. You know?
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Normally, a person will say, okay, this was
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going on, and he kept saying, no, I didn't try
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to kill myself. I didn't try to kill myself.
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I don't know what happened. So, I mean, during
10
the investigation and conclusion, I can't say
11
that he, you know, he did or he didn't, to be
12
honest with you. From the answers that I was
13
getting back from him.
14
MR.
: But he stated himself that
15
Tartaglione didn't try to kill him?
16
MS.
: Yes.
17
MR.
: So, the only other option
18
would have possibly been that he tried to
19
commit suicide himself?
20
MS.
: Right.
21
MR.
: Okay.
22
MR.
: Or do you believe that
23
inmate Tartaglione attempted to harm him?
24
MS.
: I don't.
25
MR.
: Yeah.
EFTA00126968
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MS.
: I don't.
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MR.
: So, was it inconclusive?
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MS.
: It was pretty inconclusive.
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MR.
: What is your feeling of
5
what happened, though? Being a trained
6
investigator.
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MS.
: I don't know if it was, you
8
know, looking back, I kind of felt, like, okay,
9
was this, like, did he intentionally try to do
10
something to get our attention? You know, then
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I leaned to, maybe he didn't. You know? You
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have two inmates in the cell. And I'm, you
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know, I'm also looking at did, you know, did
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Tartaglione is telling me the truth. You know,
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I really can't say what happened because you
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have, you know, Mr. Epstein saying, you know,
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no, he didn't try to do anything to me, and I
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asked about them interacting. Do they talk?
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And he's, like, yes, we talk.
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You know, we're cellmates. We talk. We
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read books. He, you know? So, it wasn't no
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reason for me to believe that Mr. Tartaglione,
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you know, tried to harm him because Epstein
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didn't give me that impression.
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MR.
: And was he placed on
EFTA00126969
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suicide watch as a result?
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MS.
: Yes.
3
MR.
: So then, wouldn't you
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only be placed on suicide watch if the thought
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was that he was attempting to self-harm?
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MS.
: If that was the thought made
7
by the psychology department --
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MR.
: Okay.
9
MS.
they would definitely
10
place you on suicide watch. Even if you said
11
it out of playing, they would place you on a
12
suicide watch.
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MR.
: So, do you know how they
14
made that determination that he would be placed
15
on suicide watch?
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MS.
: I don't know.
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MR.
: Okay.
18
MS.
: I don't know.
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MR.
: But it wasn't based upon
20
your investigation?
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MS.
: No.
22
MR.
: Was it actually your
23
investigation concluded, which actually brought
24
him off of suicide watch?
25
MS.
: No.
EFTA00126970
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MR.
: No?
2
MS.
: No. I wouldn't say that.
3
Normally, they do their evaluation, the
4
psychology department, and when I guess they
5
determined that the inmates could return to the
6
general population, then they will release them
7
from the suicide watch.
8
MR.
: Okay. So, the SIS
9
determination of inconclusive doesn't actually
10
play into if he's on or off of suicide watch.
11
MS.
: I don't think it did.
12
MR.
: Okay.
13
MS.
: I don't think it did.
14
MR.
: Inmate Tartaglione. Had he
15
been at the MCC for a long time?
16
MS.
: Yeah. He's been at the MCC
17
for quite some time.
18
MR.
: Did he have any history of
19
violence with any of the inmates?
20
MS.
: Not violence. He was more of
21
a cellphone carrier. I think I caught him with
22
a cellphone at a time.
23
MR.
: Is --
24
MS.
: You know --
25
MR.
: -- is that why --
EFTA00126971
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MS.
: -- something to that effect.
2
MR.
: -- he was in the SHU?
3
MS.
: I think that's why he was in
4
SHU at that time.
5
MR.
: Do you recall how Tartaglione
6
got chosen to be Epstein's inmate?
7
MR.
: Cellmate.
8
MR.
: Cellmate. Sorry.
9
MS.
: Oh.
10
MR.
: Sorry.
11
MS.
: Actually, I don't. I don't
12
know how they put the two of them together.
13
Normally, if it's, you know, if we're vetting
14
cellmates for, say, that they would ask me, you
15
know, who do you think would be more suitable,
16
but in Epstein's case, nobody asked me. So, I
17
don't know how they became cellmates.
18
MR.
: You don't know if any
19
decisions were made by the higher ups, in
20
regards to him?
21
MS.
: I don't know.
22
MR.
: Okay. And after this
23
incident happened, was Tartaglione removed from
24
the cell? Or was inmate Epstein removed from
25
the cell?
EFTA00126972
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MS.
: I'm not sure which one were
2
removed, or if they both was placed in
3
different cells, with different cellmates. I'm
4
not sure.
5
MR.
: Well -.
6
MR.
: Well, inmate Epstein was
7
actually placed on suicide watch.
8
MS.
: Right. But I'm not sure if
9
Mr. Tartaglione remained in that same cell.
10
MR.
: Okay. But he was in the SHU
11
after that meeting with him?
12
MS.
: Yes.
13
MR.
: Were there any issues with
14
him after that incident?
15
MS.
: With?
16
MR.
: With Tartaglione.
17
MS.
: Not that I'm aware of.
18
MR.
: Okay. And we asked about the
19
suicide watch. Now, being that if an inmate
20
was - an incident like this happened, let's
21
skip the fact that it was inmate Epstein --
22
MS.
: Okay.
23
MR.
-- if an inmate was found
24
with a noose, and there was a possibility of a
25
suicide, what's the normal procedure that
EFTA00126973
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1
happens? What happens to the inmate? What
2
does the MCC do with the inmate?
3
MS.
: If it was an incident where
4
he was found, let's say, while I was a
5
lieutenant on, and it happened, I would remove
6
him from the cell, of course, immediately.
7
Notify psychology of what occurred. At that
8
point, I would be placing him on suicide watch,
9
with an inmate companion watching him, but I
10
would make sure, you know, we take all of his
11
clothing, everything, and he would get nothing
12
but a suicide smog. And a suicide blanket.
13
MR.
: And how long does that normal
14
suicide watch last?
15
MS.
: It can vary.
16
MR.
: What's the shortest you've
17
ever seen somebody put om suicide watch?
18
MS.
: Maybe a couple of days, but I
19
can't tell you a, you know, one or two days, or
20
three. But maybe a couple of days.
21
MR.
: Based on what we've found
22
out, it looks like this attempt was on the
23
23rd, and 24th morning, he was removed from
24
suicide watch and placed in psych observation.
25
MS.
: Right.
EFTA00126974
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MR.
: Do you think that was too
2
early to remove him from suicide watch? I know
3
this is -. What is the difference between
4
psych op and suicide watch?
5
MS.
: It's the same area. Psych
6
ops is, they just get their clothing back. But
7
they are still being watched.
8
MR.
: It's the same thing,
9
right?
10
MS.
: It's the same thing.
11
MR.
: Yeah.
12
MS.
: They're still being watched
13
by an inmate companion.
14
MR.
: Is there any other benefit to
15
being in suicide watch - in terms of suicide
16
watch versus psych observation - any benefits
17
to being in psych ops?
18
MR.
: Yeah. You have your
19
clothes.
20
MS.
: You get your clothes.
21
MR.
: Your clothes.
22
MS.
: I mean -.
23
MR.
: Was it - if it was any other
24
inmate - would they have given back his clothes
25
that fast?
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23
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MS.
: I don't know. That would be
2
the psychology department determination.
3
MR.
: Okay. Did you - now, moving
4
forward, I think around July 30th, I believe,
5
that he was removed from psych observation, and
6
he was placed back in the SHU - do you recall
7
hearing why he was removed from psych
8
observation --
9
MS.
: No.
10
MR.
: -- and placed back in the
11
SHU?
12
MS.
: No.
13
MR.
: Do you have any questions?
14
MR.
: Yeah. Just to go back,
15
file back to Nicholas Tartaglione. So, I knew
16
you - when asked - you said you weren't, you
17
knew he was more of a cellmate carrier kind of
18
a guy, but do you know of any instances where
19
he actually did harm another inmate?
20
MS.
: No.
21
MR.
: No?
22
MS.
: No.
23
MR.
: Great. Thank you.
24
MR.
: All right. Anything else on
25
the -?
EFTA00126976
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MR.
:
Nope.
2
MR.
: Okay.
3
MR.
:
You can go ahead.
4
MR.
: Now, let's go to August 9th.
5
Were you working on August 9th, 2019?
6
MS.
: I think I was off August 9th.
7
MR.
: Okay. Let me just -. Would
8
you be -. Would your name be on the -?
9
MS.
: On the roster?
10
MR.
: On the roster.
11
MS.
:
Yeah. I would be on the
12
roster. I think I was off, or maybe I left
13
early August 9th. Or something. I can't
14
remember.
15
MR.
: I'm going to provide you a
16
copy of August 9th --
17
MS.
: Okay.
18
MR.
: -- roster. MCC SHU roster.
19
MS.
:
Yes.
20
MR.
: If you can take a look at it
21
and let me know if you were on schedule.
22
MS.
: No. I'm not on it.
23
MR.
: Okay.
24
MR.
: Okay.
25
MR.
: And who --
EFTA00126977
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MR.
: Oh, sorry.
2
MR.
-- where would that be
3
listed? Sorry.
4
MR.
: I thought you were going
5
to -. I thought we were just talking about
6
this. This next one. Did you hear anything -
7
just going back, before we talk about the
8
suicide watch, psychological observation room,
9
we'll go - did you hear anything about anyone
10
contacting the MCC and requesting that he be
11
removed from psychological observation?
12
MS.
: No.
13
MR.
: No? And you didn't hear
14
that, like, for instance, his attorneys were
15
trying to get him off of psychological
16
observation, so that they could continue with
17
their attorney/client visits?
18
MS.
: No. I didn't hear.
19
MR.
: You never heard that.
20
MS.
: No.
21
MR.
: Okay. Perfect. Now, we
22
can move to the actual -.
23
MR.
: So, I showed you the August
24
9th roster. You said you are not on there?
25
MS.
: Can I -. Actually --
EFTA00126978
LIMITED OFFICIAL USE
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MR.
: Where -?
2
MS.
:
I would be under the SIS
3
Lieutenant, if you -. Under the SHU
4
Lieutenant. I would be under the SIS
5
Lieutenant.
6
MR.
: And there is - on that 9th,
7
what does it state there? It says unassigned?
8
MS.
: Unassigned.
9
MR.
: So, no one was working that
10
day?
11
MS.
: No. I was the only SIS
12
Lieutenant. I'm trying to think. Yeah.
13
Nobody was in there that day.
14
MR.
: Can you just circle that for
15
us?
16
MS.
: Sure.
17
MR.
: So, you were not here on
18
the 9th, is what you are saying?
19
MS.
: No.
20
MR.
: Okay.
21
MS.
: No.
22
MR.
: And no one was?
23
MS.
: Not in the SIS Shop.
24
MR.
: Oh, wow. Is that
25
abnormal, for being a Friday, without anyone
EFTA00126979
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being in SIS?
2
MS.
: Actually, the SIS Technician,
3
her days off is Friday and Saturday.
4
MR.
: Oh, wow.
5
MS.
: And at the time, it was only
6
two of us working in the whole area.
7
MR.
: So, there was only one
8
tech and lieutenant?
9
MS.
: One tech and one lieutenant.
10
MR.
: Would the SIA have been
11
on?
12
MS.
: We didn't have one at the
13
time.
14
MR.
: Oh, so it was literally
15
just the two of you?
16
MS.
: Yes.
17
MR.
: Okay. So, this wasn't,
18
then, abnormal that, on a Friday, no one was
19
working?
20
MS.
: No. I normally --
21
MR.
: (Indiscernible
22
*00:19:28).
23
MS.
-- on a Friday, I would have
24
been on because she would have been off. So,
25
took off --
EFTA00126980
LIMITED OFFICIAL USE
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1
MR.
: (Indiscernible *00:19:36).
2
MS.
-- on Friday. I can't recall
3
why.
4
MR.
: Sure.
5
MS.
: But -.
6
MR.
: And who was the SIS tech?
7
MS.
: Her name is
8
(Phonetic Sp. *00:19:43).
9
MR. _:
10
MS.
: Yes.
11
MR.
: All right.
12
MR.
: But she wasn't here?
13
MS.
: No. She wasn't here.
14
MR.
: And do you recall that
15
you actually - I know that the schedule says
16
that - but do you recall not being here?
17
Thinking that it was the day before.
18
MS.
: Yes.
19
MR.
: Okay.
20
MR.
: Put this here just in case we
21
need to go back.
22
MR.
: Okay.
23
MR.
: When did you first become
24
aware that Epstein's cellmate, inmate Reyes,
25
was removed as his cellmate?
EFTA00126981
LIMITED OFFICIAL USE
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MS.
: The day of the actual
2
suicide.
3
MR.
: When you say actual suicide,
4
which would be --
5
MS.
: August 10th.
6
MR.
: -- August 10th.
7
MS.
: Yes.
8
MR.
: Saturday, when you came in,
9
that's when you learned -?
10
MS.
: When I came in. Mm-hmm.
11
MR.
: Okay. Were you aware that,
12
when you came in, what were you aware of why
13
Reyes was removed from the institution?
14
MS.
: After speaking to him, they
15
told me he got released from court. That's
16
what I was told.
17
MR.
: Who told you that he was -?
18
MS.
: Not sure.
19
MR.
: Not sure. Okay.
20
MS.
: I can't remember.
21
MR.
: So, your understanding was,
22
Reyes went to court and he just didn't come
23
back?
24
MS.
: Right. That's what I
25
understand.
EFTA00126982
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1
MR.
: What's a normal procedure,
2
how do the MCC find out if an inmate is being
3
moved to court, or being transferred out?
4
MS.
: From court, you're saying?
5
MR.
: From court. Let's say --
6
MS.
: You're talking about court.
7
MR.
: -- Reyes was -.
8
MR.
: Well, no, in this case,
9
did you ever hear that Reyes actually never
10
went to court, he actually was transferred to
11
another institution?
12
MS.
: No. I heard he went to
13
court.
14
MR.
: So, even to this date --
15
MS.
: And was released from court.
16
MR.
: -- to this date, did you
17
ever hear that, that he never went to court?
18
He actually was transferred?
19
MS.
: No. I've never heard that.
20
MR.
: Oh, you've never even
21
heard that?
22
MS.
: No.
23
MR.
: Okay. Sorry. Because
24
that's what happened. He never went to court.
25
He was transferred.
EFTA00126983
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MS.
: I still don't know.
2
MR.
: That's what
3
(Indiscernible *00:21:24).
4
MS.
: That's (Indiscernible
5
*00:21:26) right. I have --
6
MR.
: Sure.
7
MS.
: -- assumed that he went to
8
court, and, you know, maybe, I thought maybe he
9
made bail or something --
10
MR.
: Okay.
11
MS.
and he got released from
12
court.
13
MR.
: But that's what everybody
14
was saying, that he actually went to court.
15
MS.
: Yes.
16
MR.
: Okay.
17
MR.
: So, based on what we - our
18
investigation, I'll show you an email. This
19
email is dated -. This is from
20
(Phonetic Sp. *00:21:46), from the U.S. Marshal
21
Service.
22
MS.
: Okay.
23
MR.
: And it went to, it looks like
24
the employees at the R&D.
25
MS.
: Mm-hmm.
EFTA00126984
LIMITED OFFICIAL USE
1
MR.
: And it says, transfer of
2
inmates on August 8th, 2019, at 10:33 a.m.
3
This email was sent to them. If you take a
4
look at the title, the subject, it says,
5
"Transfer of inmates."
6
MS.
: Yeah.
7
MR.
: And it says, "Transfer of
8
prisoners from --
9
MS.
: I see it.
10
MR.
: -- to GO. (Phonetic Sp.
11
*00:22:10).
12
MS.
: To GO. And inmate Efrain
13
Reyes is stated on this. So, he never -. It's
14
not that he went to court.
He actually was
15
transferred to GO. Do you know what the
16
procedure is for something like that? If an
17
inmate is to be transferred, how do they pull
18
the inmate out? How do they let the SHU know
19
that the inmate needs to be pulled out?
20
MS.
: Normally, R&D would get in
21
touch with the SHU officers, pretty early in
22
the morning, 6:00 in the morning, to get their
23
courts, and whoever is leaving, ready.
24
MR.
: Is that known as a court
25
list?
EFTA00126985
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33
1
MS.
: A court list.
2
MR.
: And that list comes over, and
3
they let the SHU officers know?
4
MS.
:
Yes.
5
MR.
: So, they prepare them. And
6
on that - if that he was leaving - what would
7
it state on the -? Have you ever heard the
8
term, WAB?
9
MS.
:
Yes.
10
MR.
: What does --
11
MS.
: Yes.
12
MR.
:
WAB mean to you?
13
MS.
: With All Belongings.
14
MR.
: And what is your
15
understanding if it states that?
16
MS.
: To me, With All Belongings
17
can mean anything. You know, where is he
18
going? To Brooklyn? Is he going home?
19
MR.
: But does it mean that he's
20
coming back?
21
MS.
: To me, no.
22
MR.
: And your understanding is, if
23
it says WAB, he's leaving for certain?
24
MS.
: Right.
25
MR.
: Okay.
EFTA00126986
LIMITED OFFICIAL USE
1
MS.
: Right.
2
MR.
: And when, as an SIS,
3
would you get a copy of those court production
4
lists --
5
MS.
: No.
6
MR.
: -- or productions? No?
7
MS.
: No.
8
MR.
: Okay.
9
MR.
: Do you know, I mean, it's on
10
the top, do you ever
Do you recall, after
11
this investigation started, after Epstein's
12
death, ever seeing that court list for that
13
day?
14
MS.
: No. I've never seen it.
15
MR.
: If we wanted to obtain a copy
16
of it, do you know if there's any way we can
17
obtain a copy of that?
18
MS.
: I would think it should be in
19
the Receiving and Discharge area.
20
MR.
: And that's something that
21
they --
22
MS.
: The R&D.
23
MR.
: -- if we asked, and based on
24
it, it said no one seems to have maintained a
25
copy of that. It looks like they've printed
EFTA00126987
LIMITED OFFICIAL USE
35
1
off for the day, and then they disposed of it.
2
MS.
: I don't know.
3
MR.
: Okay.
4
MR.
: Was it kept, though,
5
under your investigation, for when you went in
6
on the 10th? Do you know if that was, at all,
7
part of, like, anything that you would have
8
collected?
9
MS.
: Did I? I don't think I had
10
the court list.
11
MR.
: No?
12
MS.
: To be honest with you. I had
13
a lot of stuff. But I don't recall seeing the
14
court list.
15
MR.
: So, in the stuff --
16
MS.
: Oh.
17
MR.
: -- that you did, on the
18
10th, did you involve at all, did you look into
19
it at all, Reyes leaving and Epstein not having
20
a cellmate?
21
MS.
: I think I did. I think I did
22
run his SENTRY paperwork, once I got here, to
23
see where was Reyes. What happened with Reyes.
24
I think I did run his SENTRY paperwork.
25
MR.
: Okay. But you didn't -.
EFTA00126988
LIMITED OFFICIAL USE
36
1
You didn't ever maintain, you know, obtain that
2
court list, though?
3
MS.
: I didn't have the court list.
4
MR.
: Okay.
5
MS.
: I don't recall having a court
6
list. No.
7
MR.
: And so, do you - if R&D
8
doesn't maintain it - do you know if there is
9
any way that we could get our hands on one of
10
these court lists?
11
MS.
: I don't know. I don't know,
12
in SENTRY, because I don't deal with their
13
functions. So, I don't even know if they were
14
able to - be able to go back.
15
MR.
: Yeah, no, they can't.
16
They replace it every day.
17
MS.
: Right.
18
MR.
: Every (Indiscernible
19
*00:25:14), so no one
20
MS.
: See, I don't --
21
MR.
: -- is going to maintain
22
in SENTRY for 24 hours. Do you have the other
23
email?
24
MR.
: Which one?
25
MR.
: The one that they sent
EFTA00126989
LIMITED OFFICIAL USE
37
1
everybody else of in R&D. Saying that he was
2
being transferred.
3
MR.
: Oh, no. I don't have that
4
email. I think that's separate. I didn't
5
print that one out.
6
MR.
: Okay. And do you know,
7
are you familiar with how the U.S. Marshal
8
Service - at least back then, I don't know if
9
they still do this - but they would send out an
10
email the day before, which would be sent to,
11
like, all the lieutenants, and a number of
12
other people, for people who, the following
13
day, are going to court or being transferred.
14
Are you familiar with that email that's sent by
15
the Marshal Service?
16
MS.
: I've probably seen it.
17
MR.
: Okay. But you don't
18
really know what I'm talking about?
19
MS.
: Oh, it --
20
MR.
: Okay.
21
MS.
-- I would have to see it.
22
To be honest with you.
23
MR.
: Okay.
24
MR.
: I'm going to take a step
25
back. When Epstein was brought out of psych
EFTA00126990
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38
1
observation, he was placed in the SHU. Do you
2
recall that anyone from upper management, or
3
even psych, mentioning that he was required to
4
have a cellmate?
5
MS.
: I didn't hear it, per se.
6
But normally, when they come off of suicide
7
watch, or a psych observation, they have to
8
have a cellmate. And psychology, usually
9
harbor on that. You know? They have to
10
MR.
: Why is it
11
MS.
-- have a cellmate.
12
MR.
: -- why is it that they need a
13
cellmate?
14
MS.
: I don't want to guess, but I
15
would say, even though, you know, an attempt
16
possibly was made, you want to prevent
17
something happening going forward.
18
MR.
: And do you recall - but you
19
said you're not sure - but do you recall that
20
there was a requirement for Epstein to have a
21
cellmate?
22
MS.
: Yes. I do recall them saying
23
he had to have a cellmate.
24
MR.
: And that was by word of
25
mouth?
EFTA00126991
LIMITED OFFICIAL USE
1
MS.
: By word of mouth.
2
MR.
: Do you recall who you heard
3
it from?
4
MS.
: Let's see. I want to say Dr.
5
Miller, who is the psychologist. I want to say
6
Dr. Miller said that he has to have a cellmate.
7
MR.
: So, she probably came down.
8
Do you recall if she told other people in the
9
SHU, in regards to that?
10
MS.
: I don't know because I
11
wouldn't have been in the SHU.
12
MR.
: All right.
13
MS.
: Sorry.
14
MR.
: The reason I ask is, now that
15
we know that Reyes is leaving the SHU, right?
16
And he's WAB, that, and the court list comes
17
down, and our understanding is, on that court
18
list, it states WAB --
19
MS.
: Mm-hmm.
20
MR.
: -- and he's brought down to
21
R&D. And he's removed from the facility.
22
Whose responsibility would it have been, at
23
that point, to make sure that Epstein had a
24
cellmate?
25
MS.
: I would say the supervisor.
EFTA00126992
LIMITED OFFICIAL USE
40
1
That was the SHU Lieutenant, whoever was on,
2
because he would know that he's leaving out of
3
the SHU.
4
MR.
: And this is the August 9th
5
roster again. If you take -.
6
MR.
: So, SHU Lieutenant
7
was actually off --
8
MR.
: Yeah.
9
MR.
: -- on the 9th, as well.
10
MS.
: Okay.
11
MR.
: So, if he is off, then
12
who would then become the next person --
13
MS.
: The next person --
14
MR.
-- moving up?
15
MS.
would be the Operations
16
Lieutenant, should have been notified.
17
MR.
: And who should have
18
notified the Operations Lieutenant?
19
MS.
: Normally, the SHU staff would
20
say, you know, this guy left, and, you know,
21
Epstein doesn't have a bunkie.
22
MR.
: And at what point --
23
MS.
: So, I'm sorry
24
MR.
: -- should the
25
MS.
cellmate.
EFTA00126993
LIMITED OFFICIAL USE
41
1
MR.
: That's fine.
2
MR.
: At what point should the
3
SHU staff have notified the Operations
4
Lieutenant?
5
MS.
: Immediately.
6
MR.
: So, as soon as that
7
person is being -?
8
MS.
: As soon as Mr. Reyes came out
9
that cell.
10
MR.
: Okay. And is it one
11
person over another, within the SHU, that
12
should have told him? Or is it any one of
13
them?
14
MS.
: No.
15
MR.
: Or all of them?
16
MS.
: I would say any one.
17
MR.
: Was there a person referred
18
to as the officer in charge, in the SHU, during
19
that time? Like, one specific --
20
MS.
: Yes.
21
MR.
-- person.
22
MS.
: They do have, yes, the SHU
23
OIC, yes.
24
MR.
: I know this roster shows SHU-
25
1, SHU-2, SHU-3.
But --
EFTA00126994
LIMITED OFFICIAL USE
1
MS.
: Yes.
2
MR.
: -- was there any specific
3
person, during that time period, who was
4
considered - it might not be listed as the SHU-
5
1 - but was considered to be the officer in
6
charge?
7
MS.
: Yes. It would been the SHU
8
number one, which would be Officer
9
MR. _:
. But what about, we
10
heard other people refer to as
as,
11
though, the officer in charge. Because he's
12
been in there the longest, at that point.
13
MS.
: Yes.
14
MR.
: Have you ever heard that?
15
MS.
: Yes.
16
MR.
: He would be the OIC?
17
MS.
: He was the OIC, probably for
18
the quarter, I would say, he was.
19
MR.
: And why wouldn't he be
20
listed as SHU-1, if he was the OIC for the
21
quarter? Do you know?
22
MS.
: He could have been on his day
23
off. I don't know.
24
MR.
: No, no. He was there.
25
And we heard that --
EFTA00126995
LIMITED OFFICIAL USE
43
1
MS.
: Oh, he was?
2
MR.
: -- he's actually was the
3
OIC. But he's not listed as one.
4
MS.
: Oh, I don't know. I didn't
5
even see him as the number three. I don't -.
6
I don't know.
7
MR.
: But he should have been
8
listed as one, because he was the quarter
9
MS.
: If that was his --
10
MR.
: -- post?
11
MS.
-- if that was his post for
12
the quarter, he should have been listed as the
13
SHU number one.
14
MR.
: Okay.
15
MS.
: Unless they did a switch, or
16
a mutual thing, or something to that effect.
17
MR.
: And
, at that point,
18
in 2019, had enough experience in the SHU, as
19
the SHU OIC, from your recollection?
20
MS.
: Yeah.
21
MR.
: So, the morning of, what
22
happened based on our investigation, is Epstein
23
and his cellmate, Reyes, were removed at the
24
same time. So, Officer
came in.
25
MS.
: Okay.
EFTA00126996
LIMITED OFFICIAL USE
44
1
MR.
: With the court order. He
2
knew --
3
MR.
: Court list.
4
MR.
: -- court list, and he knew
5
that Reyes was leaving. So, they packed up his
6
stuff in a little brown paper bag, and
7
retrieved Epstein from his cell, also, and they
8
both were transported on the elevator down
9
together. Epstein to attorney conference, and
10
Reyes out.
11
MS.
: Okay.
12
MR.
: And we know, in the elevator,
13
too, there was a conversation about Epstein
14
needing a cellmate.
15
MS.
: Okay.
16
MR.
: Now, being that
17
escorted him down, and down, he was in the
18
elevator, and
was in the elevator,
19
knowing that Reyes is leaving, out of them two,
20
should either of them have made a notification
21
immediately?
22
MS.
: Yes.
23
MR.
: Do you think they would have
24
known that it was important that they made the
25
notification?
EFTA00126997
LIMITED OFFICIAL USE
1
MS.
: Yes.
2
MR.
: Why do you think that?
3
MS.
: If you had a conversation
4
about him needing a cellmate, that means - to
5
me - you know that it was important for him to
6
have one. And you knew that his - obviously -
7
Mr. Reyes was leaving WAB. And Epstein needed
8
a cellmate. So, or I feel, like, right then
9
and there, the notification should have been
10
made. Even though he's in attorney conference,
11
but his cellmate is leaving, lieutenant, we
12
need a cellmate for him.
13
MR.
: Is there any reason for them
14
to believe that, even though it showed WAB,
15
that Reyes - that for them to believe that
16
Reyes would be coming back?
17
MS.
: I would say no. If it says
18
WAB, that's what it is. I would assume that
19
he's not coming back.
20
MR.
: Now, if, let's say they've
21
mentioned sometimes they bring inmates down to
22
R&D, and the bus doesn't come. Or they're not
23
going to court, and sometimes they come back
24
up. How long does that process normally take?
25
MS.
: It happens. Hmm. I've seen
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1
it be a couple of hours, before the inmates
2
will come back up.
3
MR.
: So, this is, they were
4
brought down any time between 8:00 a.m. and
5
8:30 a.m.
6
MS.
: Mm-hmm.
7
MR.
: So, when you say a couple
8
hours, we're talking about anywhere between
9
10:00 and 10:30 a.m.?
10
MS.
: Yeah. I've seen inmates come
11
up later. You know, an hour and a half, you
12
know, he didn't -. He's not leaving on a bus.
13
Once they get everybody on the bus, they will
14
go back up to Special Housing.
15
MR.
: Now, if the inmate was not
16
brought back up to the SHU, let's say by even
17
11:00 a.m., right? Because if they're
18
expecting that there is a possibility that the
19
inmate might come back up, and it doesn't
20
happen by 11:00 a.m., should they have made a
21
notification?
22
MS.
: They normally would. And
23
because they - I'm going to reach and say -
24
they assumed he was leaving, because he didn't
25
come back --
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MR.
: I should clarify that
2
MS.
come by then.
3
MR.
I mean, I meant
4
notification, should
or anybody in the
5
SHU, at that point, at 11:00, notified the
6
superior, hey, listen - supervisors - hey,
7
listen, Reyes is gone, and Epstein is
8
MR.
: And not 11:00. Just
9
during their shift. At some point, if they
10
left their shift at 2:00 p.m. without making a
11
notification, should have they known by 2:00
12
p.m., at the very least, that he was not coming
13
back?
14
MS.
: Absolutely.
15
MR.
: Okay. So, at some point,
16
prior to 2:00 p.m., a notification should have
17
been made?
18
MS.
: Yes. Yes.
19
MR.
: And you mentioned that it
20
should have been to the SHU Lieutenant.
21
Lieutenant
is not there. And it should
22
have been the ops lieutenant. Who was the ops
23
lieutenant during that shift? The morning
24
shift.
25
MS.
:
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MR.
: And he should have been
2
notified, and what should have
3
done?
4
MS.
: He should have notified, of
5
course, his chain of command, which is the
6
captain, hey, Epstein's cellmate has left, and
7
he needs a cellmate. And that, also, we would
8
have told psychology, you know, Epstein's
9
cellmate left. He needs a cellmate because
10
somebody vetted the cellmates. So, I would
11
say, I guess, they would go back to that
12
process of seeing who was a good fit for him.
13
MR.
: And if - what is your
14
understanding - if that notification was never
15
made up the chain of command?
16
MR.
: What's your question?
17
MS.
: Yeah.
18
MR.
: What is your understanding,
19
if they never made -? Was somebody at fault,
20
in terms of -. I should clarify that. If that
21
notification never got -. If
never
22
told the ops lieutenant, and the ops lieutenant
23
never told the captain, right? When was the
24
next time they would have caught onto the fact
25
Epstein needed a cellmate?
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1
MS.
: Again, I would say somewhere
2
between that shift, they should have made that
3
notification. If not, it would have went onto
4
the evening shift, that he still was without a
5
cellmate.
6
MR.
: And you said that the inmate
7
was vetted. So, could anyone have assigned a
8
cellmate to Epstein? Anyone in the SHU
9
assigned somebody to be Epstein's cellmate?
10
MS.
: Normally, in a case where
11
they try to get that good fit, they would talk
12
to the captain, who would have talked to
13
psychology, and they'll go through the SHU
14
roster to see who they think would be suitable
15
to put him in with.
16
MR.
: Okay. Do you have anything
17
else on that?
18
MR.
: Yes. So, when you go to
19
- you said the next shift - so, who -? So,
20
you're saying that, after
left, and
21
his shift left, then the next shift in the SHU
22
should have, then, made the same notifications
23
up the chain of command?
24
MS.
: If they're saying he didn't
25
have a cellmate.
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1
MR.
: Okay. And then, would
2
that go on again to the morning watch?
3
Because, again, he didn't have a shift for 24
4
hours. So, every shift, should have they made
5
that notification up?
6
MS.
: I would say yes.
7
MR.
: Okay. And is it your
8
understanding that the operations lieutenant
9
actually has that same court list, that they
10
would have Headquarters, that would have shown
11
him as WAB?
12
MS.
: The court list, yeah.
13
Usually, it's in the lieutenant's office, in
14
the mornings.
15
MR.
: Okay. So, if
says
16
that he actually knows that Reyes left, or
17
thought he went to court, and didn't know if he
18
wasn't going to come back, if he had that court
19
list, that said WAB, should have he referenced
20
that, or looked at it?
21
MS.
: Right.
22
MR.
: Yes?
23
MS.
: Yes, sir.
24
MR.
: Okay. So, is that a kind
25
of an excuse to say, for the operations
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lieutenant, hey, I know Reyes left, but I
2
thought he was coming back, and he - or I
3
didn't know if he wasn't coming back - and he
4
did not pass that information onto the next ops
5
lieutenant. Is there - what is your opinion of
6
that matter?
7
MS.
: My opinion of that is
8
definitely, you know, something is wrong,
9
because if you have the court list sitting in
10
front of you, it says WAB. And it means he
11
took all his belongings. You know, if it was
12
court, it would say court.
13
MR.
: Okay. And do you know
14
how, do the operations lieutenants actually
15
look at that list?
16
MS.
: I can't speak for -.
17
MR.
: Are they supposed to?
18
MS.
: I would say yes.
19
MR.
: Okay.
20
MS.
: Because you know who's moving
21
from the Special Housing. And some of the
22
inmates that move actually are lieutenant
23
moves, where you have to go up and get them.
24
So, you're going to look at the court list to
25
see who is moving.
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1
MR.
: Okay. And then, as far
2
as Reyes. Did everyone know who Reyes was at
3
that time? Do you believe that, if, for
4
instance, someone like a
, he sees
5
Reyes on the list, sees that he's WAB. Would
6
he know that's Epstein's cellmate? It says
7
he's from the SHU. He's WAB. Would he know
8
that that's Epstein's cellmate? Or do you
9
think that that notification would still need
10
to be made from the SHU, for him to be able to
11
kind of recognize that?
12
MS.
: I can't even say he should
13
have known that that was his cellmate because
14
he's in a different area than the Special
15
Housing.
16
MR.
: Okay.
17
MS.
: So, sometimes, you wouldn't
18
know whose cell that up there, you know, up in
19
the Special Housing.
20
MR.
: Okay. But if he says,
21
now, SHU didn't tell me, that I knew because
22
had the court list, and it says WAB, should
23
have he known, at that point, yes, I knew this
24
guy was gone, and he was not coming back?
25
MS.
: Yes.
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MR.
: Okay.
2
MS.
: I can agree with that.
3
MR.
: Okay. Great. What do
4
you think the -? Would that court list stay in
5
the operations, or the lieutenants office,
6
throughout the duration of the day, would the
7
next operation lieutenant that came on - which
8
I believe is
- would that person have
9
also had that court list?
10
MS.
: It normally stay in there for
11
the day. On a clipboard. It usually would be
12
on a clipboard in the lieutenant's office. So,
13
I don't -. I can't say that
, you know,
14
looked at it, but it should have been there
15
when he came on.
16
MR.
: Should have he looked at
17
it?
18
MS.
: I could -.
19
MR.
: And I'm asking you this
20
as the SIS lieutenant. We don't know the
21
answer to that. So, that's why we're asking
22
you.
23
MS.
: A good lieutenant would.
24
MR.
: Right.
25
MS.
: Because you would know who is
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not in your jail.
2
MR.
: Right. As far as other
3
people that could have made this notification,
4
what would the unit teams' responsibility be
5
for if one of their people who was assigned to
6
SHU, left the institution? Should have they
7
been coordinating, or making any notifications?
8
MS.
: I'm not sure what role they
9
play when the inmates leave the Special
10
housing, to be honest with you.
11
MR.
: You don't?
12
MS.
: Yeah. I don't know what role
13
they play.
14
MR.
: Okay.
15
MS.
: With their inmates. That's
16
an issue, as far as them leaving.
17
MR.
: All right. So, for you,
18
though, you feel, like, the primary person that
19
would be responsible would be the person who
20
was actually with the inmate, who brought him
21
down, and knew that he was leaving?
22
MS.
: Yes.
23
MR.
: So, in this case,
24
should have made the
25
notifications, it falls primarily on him. Is
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that what you would say?
2
MS.
: I would say him and whatever
3
other officer did the escort with him.
4
MR.
: Okay. Fair enough.
5
MS.
: Because they know the SHU
6
inmates.
7
MR.
: Right. Okay.
8
MR.
: What about the officers in
9
the SHU, at that point? Let's say there was
10
how many officers that you mentioned? -
11
and who else were in the SHU?
12
MS.
: Yes.
13
MR.
: In the morning shift.
14
MS.
15
MR.
16
MS.
: Yes.
17
MR.
: Should they have -. Would
18
they have known that Epstein needed a cellmate?
19
MS.
: Yes. If they're working up -
20
yeah - I would say yes.
21
MR.
: And let's say, during this
22
shift, should they have understood - I know he
23
asked already - should they have understood the
24
fact that, hey, Epstein needed a cellmate
25
MS.
: Yes.
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MR.
: -- could they have made
2
notification?
3
MS.
:
Yes.
4
MR.
: And who came to the SHU after
5
that?
6
MS. -:
.
Ms.
7
Davis.
8
MR.
: And during this shift, should
9
they have known also? Should they have made
10
notification?
11
MS.
:
Yes.
12
MR.
: Anything else on that?
13
MR.
: And they would have
14
known, I'm assuming, from doing rounds?
15
MS.
: From doing their rounds.
16
MR.
: And if they were --
17
MS.
:
Yes.
18
MR.
: -- doing rounds, they
19
would know there's no one in that cell?
20
MS.
:
Yes.
21
MR.
: Okay.
22
MR.
: So, we can go into the
23
rounds?
24
MR.
:
Mm-hmm.
25
MR.
: And the counts. So, based on
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1
our - based on what we - in our investigation,
2
we understood is, the 4:00 p.m. count, on the
3
9th. The 10:00 p.m. count.
4
MS.
: Mm-hmm.
5
MR.
: The midnight. The 3:00 a.m.,
6
and the 5:00 a.m. counts were not done.
7
MS.
: Right.
8
MR.
: And if the counts were done,
9
as Agent Dennis just asked, if the counts were
10
done at 4:00 p.m., would they have known that
11
Reyes was not there, and Epstein needed a
12
cellmate?
13
MS.
: Yes.
14
MR.
: What about at 10:00 p.m.?
15
MS.
: Yes.
16
MR.
: All right. And the reason
17
that we were able to determine it, is also
18
because of the fact that inmate Fernandez was
19
removed from the SHU by
He was
20
actually in the SHU visiting room, and there
21
was an incident where
witnessed him
22
possibly having contraband, so he removed him.
23
He called for a lieutenant, and put him into a
24
dry cell in R&D.
25
MS.
: Mm-hmm.
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1
MR.
: Except he was not keyed out.
2
This happened around 1:45 on August 9th, after
3
-. Except he was not keyed until after
4
midnight on August 10th. So, if he was removed
5
from the SHU, and he was placed in R&D dry
6
cell, who should have -? Who had the
7
responsibility to key him out, at that point?
8
off the SHU and place him in R&D?
9
MS.
: It would have been the counts
10
and assignment, to walk those in.
11
MR.
: That's a CNA?
12
MS.
: Yes.
13
MR.
: I see. Counts and
14
assignment. And how would CNA have known that
15
he got moved?
16
MS.
: Well, normally, they would
17
make a notification, I would say, when he got
18
to R&D, that, hey, we have this inmate here, in
19
the dry cell.
20
MR.
: So, R&D should have notified
21
counts and assignments?
22
MS.
: Yes.
23
MR.
: Was there any responsibility
24
for the officer who removed him from the SHU,
25
and brought him down?
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MS.
: He could have, as well.
2
Because you brought him down. And he's coming
3
off of the SHU base count.
4
MR.
: What is -? He's coming off
5
the count --
6
MS.
: Right.
7
MR.
: -- so, at 4:00 p.m., the
8
count should have been adjusted on the El, and
9
also --
10
MS.
: Absolutely.
11
MR.
-- okay. Have you ever heard
12
of inmates pre-filling the rounds and count
13
sheets?
14
MS.
: Inmates?
15
MR.
: Oh. Sorry. Sorry. I
16
apologize. Have you ever heard of the C.O.s
17
pre-filling the rounds and count sheets? When,
18
let's just say the rounds there abouts
19
(Indiscernible *00:43:25) of their shift.
20
MS.
: Yes.
21
MR.
: Right? And they go in, they
22
have their round sheet. They expect to do the
23
rounds during the certain times, so they go in
24
and they fill it out for the whole shift. And
25
they try to do it during those times that they
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filled out.
2
MS.
: I've never seen it, to be
3
honest with you. I've never seen that.
4
MR.
: Have you ever heard of C.O.s
5
doing that?
6
MS.
: No.
7
MR.
: Has there ever been any
8
incidents in MCC regarding C.O.s pre-filling -?
9
MS.
: Not that I know of.
10
MR.
: What about the count sheets?
11
Would they start the shift, they already know
12
what count is supposed to be there?
13
MS.
: I've seen that.
14
MR.
: And what have you seen?
15
MS.
: Well, my experience being a
16
lieutenant, and being in the control center,
17
taking the count, I have seen count slips come
18
down to the control center, and I'm monitoring
19
the camera because I'm physically watching you
20
count. So, if I have your count sheet, and I
21
haven't seen you count yet, I'm discarding it,
22
and I'm calling you on the phone. How do I
23
have your count sheet and you haven't counted
24
yet?
25
MR.
: Is that normal procedure as a
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1
lieutenant, when you're doing the count from
2
the control room, you pay attention to the
3
monitor, and you watch -?
4
MS.
: I could only speak for
5
myself.
6
MR.
: So, as your practice.
7
MS.
: I do.
8
MR.
: Okay.
9
MS.
: Yes.
10
MR.
: And you watch the C.O.s to
11
make sure that they're doing the counts.
12
MS.
: Absolutely.
13
MR.
: Which C.O.s have you seen
14
that haven't done that? That haven't done the
15
counts, but send their count slips in.
16
MS.
: Pfft. I can't give you exact
17
names because I've been on all of the shifts.
18
MR.
: And what happens if, in a
19
situation like that, if you see that, that they
20
didn't do the count, but they send the slip
21
down? What do you do?
22
MS.
: I'm pulling. I'm doing a
23
verbal counseling.
24
MR.
: Verbal counseling.
25
MS.
: Yes. I'm doing a verbal
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1
counseling. Basically, listen, don't send me
2
your count slip until you do your count. Next
3
time, I'm going to go to the next step, which
4
is discipline.
5
MR.
: And have you ever told them
6
to go back and count?
7
MS.
: Yes.
8
MR.
: And they followed it?
9
MS.
: Yes.
10
MR.
: What is a lieutenant round?
11
You understand it, you just mentioned that,
12
when you do a count --
13
MR.
: In the SHU. What is a
14
lieutenant round in the SHU?
15
MR.
: -- yeah.
16
MS.
: In the SHU, with the
17
lieutenant rounds, you go up to SHU, as well as
18
every other area, you see if there's anything
19
abnormal going on in the SHU, you're going to
20
ask a question. You know, anything we should
21
know about, anything you got going on up there.
22
You're just making sure that the officers are
23
doing their job for the shift, the inmates are
24
getting their phone calls, if there's any
25
inmates that haven't been showered, who may
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shower. You're making sure those are done.
2
Normally, when you go in the SHU, you have
3
inmates calling you, once you get there.
4
MR.
: Right.
5
MS.
: Once the door open. So,
6
you're going on the ranges and seeing what's
7
going on with the inmates on the ranges.
8
MR.
: Now, are you supposed to
9
go from door to door, when your lieutenant does
10
a round, though? Is the lieutenant supposed to
11
do a round just as, like, a C.O. that's working
12
the SHU does a round, go to each cell, to check
13
and see --
14
MS.
: To be honest --
15
MR.
: -- what's going on?
16
MS.
:
I don't think there's
17
nothing in policy stating that we have to go
18
door to door, and see each inmate, but you -
19
most of the time - you will go on a range, I
20
would assume, because you want to see what's
21
going on. With the inmates. Especially since
22
it's the Special Housing.
23
MR.
: So, this is where we get
24
a lot of discrepancies. So, most of the
25
lieutenants say absolutely, you have to go door
EFTA00127016
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1
to door, and that's what a round is. Select
2
few of the lieutenants say, like, no, no, no,
3
no, that's not -. It's your discretion, if you
4
do that or not. So, are you kind of more of
5
that, that kind of side of it, it's their
6
discretion?
7
MS.
: I'm more of
8
MR.
: Because they have to sign
9
when they - is it correct - that they have to
10
sign the round sheet --
11
MS.
: Yes.
12
MR.
: -- saying they did a
13
round?
14
MS.
: So, normally, like myself, I
15
would be on the range, because the round sheets
16
are on the range. So, you have to go on the
17
range to sign the round sheets.
18
MR.
: But do you have - but
19
just to go on the range, I guess you don't
20
necessarily have to look in --
21
MS.
: Right.
22
MR.
: -- their window.
23
Correct?
24
MS.
: Right. But if you go on,
25
you're going to look door to door. I would
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think.
2
MR.
: But this time, our
3
understanding is the round sheets were actually
4
kept on the officer's desks. On the desk out -
5
So, not on the range. They all did it right
6
from where the desk was. Do you know if that's
7
the case?
8
MS.
: I don't. I don't know. This
9
is the first I'm hearing of it. Because
10
normally, they're at the end of the range.
11
MR.
: Right.
12
MS.
: On the wall. So, that's
13
going to force you, as a supervisor, to go on
14
each range because you have to go to the end of
15
the range to sign.
16
MR.
: Okay. Do you know if
17
there is maybe MCC didn't have this practice,
18
but do you know, as the BOP, as a lieutenant
19
round that's conducted in the SHU, and that the
20
lieutenant that actually signs the round sheet,
21
saying that they conducted the round in the
22
SHU, do you know if BOP policy says that
23
they're supposed to go from cell, door to door,
24
and that's the reason why they put these sheets
25
at the end of the ranges?
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1
MS.
: I don't recall if that's what
2
the policy says.
3
MR.
: Okay.
4
MS.
: Yeah.
5
MR.
: And just as far as
6
clarification, do you know if BOP policy states
7
where the count sheets, or the round sheets are
8
supposed to be kept? Forget the fact that you
9
have to look at it, but does it state that it
10
should be either kept on the officer's desk, or
11
at the end of the -?
12
MS.
: I've never seen
13
MR.
: Okay.
14
MS.
: -- yeah. I've never seen
15
that policy where it should be kept that.
16
MR.
: Okay. That's just practice?
17
MS.
: Yes.
18
MR.
: Okay. Do you have anything
19
on the rounds and counts?
20
MR.
: No. I guess I just, do
21
you think if the lieutenants that did the
22
rounds within the SHU, on August 9th, have any
23
exposure to the fact that Reyes was gone, and
24
should have they - when they did their rounds -
25
should have they known that, hey, this cell is
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1
empty, Epstein's down at attorney conference,
2
and Reyes isn't here, so there's no one in that
3
cell. Should have they been, you know, should
4
have they known -?
5
MS.
: Yes.
6
MR.
: Okay.
7
MS.
: If you knew that on the count
8
slip - I'm sorry - on the court roster that he
9
was WAB, and you see Epstein downstairs, then
10
if you're paying attention, you would just -.
11
That's something you would have asked. Hey, we
12
got a cellmate for him yet? Who he's going
13
with. That type of thing.
14
MR.
: Okay. So, those
15
lieutenants that actually did do the rounds in
16
the SHU, on that date, then they do have some
17
fault in this, that Reyes was never replaced?
18
MS.
: I'm going to say yes.
19
MR.
: Okay.
20
MR.
: Anything else on rounds and
21
counts? I'm moving onto cameras.
22
MR.
: Perfect.
23
MR.
: Okay. When did you learn
24
that the cameras were not working at the MCC?
25
MS.
: August 8th.
EFTA00127020
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR.
: August 8th. Okay.
MS.
: Yes.
MR. •
transpired?
MS. •
Can you tell us what
: I actually was reviewing the
cameras from the SIS office, with one of the
associate wardens.
inmate, to see what
cadre (Phonetic Sp.
looking to see what
We were looking for an
time he was released, a
*00:50:30) inmate. We
time he was released
were
because I was trying to backtrack, because I
was going to interview the inmate, with an OIG
officer, about an incident. And I learned,
he's gone. And I said, gone where? Oh, his
release date - which, he was scheduled to be
released - so, that made me go back to look to
see, well, let me see what time they released
him. And we were trying to pinpoint when he
got released, so we could get in touch with
that halfway house. So, we - myself and the
agent - was going to go to the halfway house,
to interview him.
And upon me going back to the cameras, I
said, wait a minute, we don't have no cameras.
I can't go back. So, of course, I clicked on
EFTA00127021
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1
several cameras, just to see if I could play it
2
back on the cameras, and I noticed the cameras
3
are down. I can't go back and rewind anything.
4
At that time, I called the communications shop,
5
and told them, I don't have no cameras up here.
6
You know, I can't go. I can't play it back. A
7
gentleman came upstairs and said, okay, I'm
8
going to come and check the camera system,
9
which he has the keys for, as well. And he did
10
check it out, and he said, okay, the cameras is
11
not working. I'm going to fix them. I'm going
12
to do overtime or something to that effect. To
13
fix the cameras. At that time, I notified the
14
captain.
15
MR.
: Oh, you notified the
16
captain?
17
MS.
: Yes.
18
MR.
: That the cameras wer=
19
down?
20
MS.
: That the cameras was down.
21
And I wrote a memo - a memorandum - as well.
22
MR.
: Oh, if you have that, can
23
you please give it to us?
24
MS.
: It's - I can't get in my home
25
drive - it would be on my home drive.
EFTA00127022
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1
MR.
: And when will you be able
2
to get access to that?
3
MS.
: I'm out of work. So, I can't
4
access it.
5
MR.
: Oh, we have heard that
6
you were back this week. Is that not the case?
7
MS.
: No.
8
MR.
: Oh.
9
MS.
: I'm not back this week. I
10
only came for the interview. I won't be back
11
for maybe, like, another two to three weeks.
12
MR.
: When you come back in two
13
or three weeks, could you - I'll send you an
14
email, just as far as, like --
15
MS.
: I was going to say. If you
16
email me where to send it to, yes.
17
MR.
: Fantastic.
18
MS.
: So, at that point, I did type
19
the memo that the cameras was done.
20
MR.
: This is on the 8th?
21
MS.
: On the 8th.
22
MR.
: Okay.
23
MS.
: Yes. And I assumed that the
24
gentleman was going to stay and fix the cameras
25
that day.
EFTA00127023
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1
MR.
: So, and when you say "the
2
gentleman," are you talking about
3
MS.
: Yes.
4
MR.
: Okay. So, that's the
5
person who came in and checked?
6
MS.
: Yes.
7
MR.
: Is it true that he can
8
only obtain access to the camera room, if an
9
SIS employee actually lets him in?
10
MS.
: Absolutely not. He has the
11
keys.
12
MR.
: At that time, he did?
13
MS.
: The first door, which is the
14
steel door with the
(Phonetic Sp.
15
*00:53:21), I have to let him into that.
16
MR.
: That's what I mean. So,
17
he can't actually get --
18
MS.
: Right.
19
MR.
in to the SIS --
20
MS.
: Unless I --
21
MR.
: -- area
22
MS.
: -- let him into that part.
23
MR.
: Correct.
24
MS.
: Right.
25
MR.
: So, he had told you, on
EFTA00127024
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1
the 8th, he was actually going to stay and fix
2
it?
3
MS.
: And do overtime to fix it.
4
MR.
: Okay.
5
MS.
: Because I let him into the
6
office, so he can go see what I was telling
7
him, the cameras is down. I can't play back.
8
MR.
: Okay. And do you know if
9
that's the first time it was noticed, that
10
those cameras were down?
11
MS.
: I can't say that that was the
12
first time that was noticed.
13
MR.
: Because our investigation
14
shows that, as early as 7/29/2019, those
15
cameras stopped recording. So, there is about
16
half of the cameras in the institution that
17
were recording, and half that weren't. They
18
were all live monitoring.
19
MS.
: Yes.
20
MR.
: But did you find anything
21
about that, or do you know anything about that?
22
MS.
: No. No. It's not until I
23
was actually in the phone room, with the
24
agents, going through the cameras, that we
25
realized that they stopped recording.
EFTA00127025
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1
MR.
: Oh, so, you knew this on
2
the 10th or something, you
3
MS.
:
Yeah.
4
MR.
: -- realized this --
5
MS.
: Yeah. It was --
6
MR.
: -- after the
7
investigation?
8
MS.
: Mm-hmm.
9
MR.
:
So, you had heard, later,
10
that at 7/29 --
11
MS.
: Right.
12
MR.
: -- is when -? Okay.
13
MS.
: Mm-hmm.
14
MR.
:
So, you know that now, is
15
what you mean by --
16
MS.
:
Yes.
17
MR.
: -- between 7/29 and
18
August 8th --
19
MS.
: The 10th.
20
MR.
: -- you never -?
21
MS.
: No.
22
MR.
: Okay.
23
MS.
: No.
24
MR.
:
So, the 8th was the first
25
time you found out?
EFTA00127026
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1
MS.
: Yes.
2
MR.
: Do you remember if, prior
3
to the 8th, you ever were on the camera system,
4
trying to rewind and watch? Because I would
5
think that's something you do kind of
6
regularly.
7
MS.
: I can't remember if it was
8
myself, or the SIS tech
to be honest with
9
you, because normally, if it's an incident and
10
I need some video footage, I'll ask her to pull
11
the footage for me. You know? So, I can see
12
it. So, I can't recall if we had an incident
13
where we need to pull any camera footage.
14
MR.
: Okay. So, you don't
15
remember if there was footage before that.
16
MS.
: No.
17
MR.
: Was there a tech III, or
18
Tate, or something like that?
19
MS.
: Phone monitor.
20
MR.
: He was on --
21
MS.
: Yeah. III was the phone
22
monitor, which is a regular correctional
23
officers.
24
MR.
: Oh, so, he's not an SIS
25
tech?
EFTA00127027
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MS.
: No. Hmm-mm.
2
MR.
: All right. But would he
3
work in the SIS room?
4
MS.
:
In the phone room.
5
MR.
: Okay.
6
MS.
:
He would be assigned, for the
7
quarter, to the phone room.
8
MR.
: That's in the SIS office?
9
MS.
: It's not in my office, but
10
it's a part of SIS. The phone room. It's kind
11
of, like, next door to SIS.
12
MR.
: Is that the room where
13
the camera servers are located?
14
MS.
:
Yes.
15
MR.
: Okay. So, does he also
16
need someone from SIS to let him in, to be able
17
to do phone monitors?
18
MS.
: No.
19
MR.
:
How does he get in and
20
out?
21
MS.
:
He has the phone monitor
22
keys, half the keyring for him to get into the
23
door.
24
MR.
: To get into --
25
MS.
: I'm sorry. The key.
EFTA00127028
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1
MR.
: -- the primary SIS area?
2
MS.
: Yes.
3
MR.
: Okay. So, do you know if
4
he was working on the 9th?
5
MS.
: I don't know if he was
6
working because he hadn't been in the phone
7
room for some --
8
MR.
: Would he be listed on the
9
-?
10
MS.
: -- let me look. Because they
11
were actually pulling him every day, re-
12
assigning him to different posts. So, he is
13
working, but they re-assigned him to another
14
post.
15
MR.
: Okay. So, he wasn't - on
16
the 9th - he wasn't actually working?
17
MS.
: If you see three Sally,
18
you'll see him there.
19
MR.
: And would that be because
20
there was no SIS tech or lieutenant to allow
21
him into that room?
22
MS.
: No. It would be because they
23
were short-staffed.
24
MR.
: Okay.
25
MS.
: And they just re-assigned him
EFTA00127029
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to another post.
2
MR.
: Okay. So, if
says
3
that he wasn't able to fix the cameras on the
4
8th because he didn't have the proper
5
equipment, and then he couldn't gain access on
6
the 9th. Does that make sense? He wasn't able
7
to get in on the 9th because neither you or the
8
tech were here.
9
MS.
: He would be able to get in
10
because my keys don't go home with me. He
11
would have just had to ask the captain for
12
access to the SIS keys, and he would have been
13
able to go into the office.
14
MR.
: And like you said, the
15
captain actually knew that the cameras were
16
down?
17
MS.
: Yes.
18
MR.
: And you are positive of
19
that?
20
MS.
: I'm positive.
21
MR.
: Did you have a verbal
22
conversation with him about it?
23
MS.
: I had a verbal conversation.
24
MR.
: And can you recall what
25
that conversation entailed?
EFTA00127030
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1
MS.
: I remember stepping to his
2
office, which was right next door to mine, and
3
4
5
6
7
8
notifying him that the cameras was down, that
I'm trying to go back and look at the footage,
and I can't. Actually, I had one of the
associate wardens with me, as well. Who
happens to be his supervisor, so.
MR.
: Who was that?
9
MS.
: Associate Warden
.
10
MR.
•.
was there?
11
MS.
: Yes.
12
MR.
: Okay.
13
MS.
: It was me and her together,
14
looking at the cameras.
15
16
MR.
: Okay. So, and it wasn't
it was actually
17
MS.
: No. It was me and AW
18
19
MR.
: And that was with Captain
20
MS.
: Yes.
21
MR.
: Okay. So then, the two
22
of them knew that the cameras were down?
23
MS.
: Yes.
24
MR.
: All right. And do you
25
know if they had any conversations with
EFTA00127031
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about a need to get them back up?
2
MS.
: I don't know if they had a
3
separate conversation, but when I called Mr.
4
over to radio, Ms.
was still
5
standing there with me in the office. And she
6
was there with me when he came up to check,
7
because we thought it was something that maybe
8
he can just go in, and it allow us to go to the
9
camera, and look for what we were looking for.
10
MR.
: And when he mentioned the
11
whole I'll stay overtime, was she there when -
12
was
there - when he mentioned that he
13
would stay to work overtime?
14
MS.
: I can't remember because I
15
know he had to get in touch with his boss
16
first.
17
MR.
: Oh, okay. So --
18
MS.
: Mm-hmm.
19
MR.
: -- so,
told u5
20
that he was approved to work overtime on
21
Saturday, to come in on Saturday and work. Do
22
you know who he would have contacted, in order
23
to get that approval to work overtime?
24
MS.
: I don't know. I would assume
25
his boss, which was Mr.
(Phonetic Sp.
EFTA00127032
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1
*00:58:47).
2
MR.
: Now,
is out, and he
3
has acting in his life,
(Phonetic
4
Sp. *00:58:53), and
and
5
both say, he didn't talk to me about working
6
overtime. Is there anyone else that he would
7
have been -? Well, because you said that he
8
told you he was going to work overtime.
9
MS.
: Yes.
10
MR.
: Would you be an approving
11
official for that?
12
MS.
: No.
13
MR.
: Would
be an
14
approving official, though?
15
MS.
: I'm not sure if she was over
16
facilities, that department. So, I'm - no -
17
I'm not sure.
18
MR.
: Okay. So, how did he
19
know he would be able to work overtime to fix
20
it?
21
MS.
: I don't know.
22
MR.
: You don't know? He just
23
said I'll work overtime.
24
MS.
: Yes.
25
MR.
: Okay. So, I'm assuming
EFTA00127033
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1
this was some time prior to 2:00 p.m. on the
2
8th, that you learned of this incident, since
3
his shift typically ends at 2:00 p.m.?
4
MS.
: Yeah. It was a little after
5
1:00 p.m.
6
MR.
: Okay. And that was the
7
8th. But again, on the 8th was the first that
8
you found out the cameras --
9
MS.
: Yes.
10
MR.
: -- were down? Do you
11
know if there is anyway anyone could have
12
tampered with that system, to intentionally
13
take the cameras offline?
14
MS.
: I don't know. I don't know
15
because nobody normally goes into - with the
16
service bar - besides him. Or there's one more
17
communication tech, Mr.
18
MR.
: Was he there, though, at
19
the time?
20
MS.
: No.
21
MR.
: So --
22
MS.
: No.
23
MR.
: -- it was just - at the
24
time - it was only
. Correct?
25
MS.
: Yes. It was just
EFTA00127034
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1
MR.
: So, who would have had
2
access to that server rom? Now, in the MCC as
3
a whole, who could have had access to that
4
server room, and would potentially taken it
5
offline?
6
MS.
: I don't know who would
7
intentionally take it off, but I can tell you
8
the access would have been us, from the SIS
9
shop. Hmm. The comm shop, which is Mr.
10
and Mr.
And I'm not sure if their key
11
if that key is on, in the other key ring.
12
MR.
: So, is it really only the
13
two of you, then, with SIS, then also the phone
14
monitor individual, III. Is it III or Tate?
15
MS.
:
16
MR.
: Is that
17
MS. -:
18
MR.
: Just
19
MS.
: I don't think Mr. III had the
20
key on his ring because, if I needed to go, my
21
ink cartridges for my printer and stuff was in
22
there, as well. So, I would always lock the
23
door back, because we don't allow an officer to
24
just walk where the server is at.
25
MR.
: Okay.
EFTA00127035
LIMITED OFFICIAL USE
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MS.
: So -.
2
MR.
:
So, the server, actually,
3
was in a locked door?
4
MS.
:
Yes.
5
MR.
:
So, really, III didn't
6
have access to it?
7
MS.
: Right.
8
MR.
: But the tech would have?
9
MS.
: Yes.
10
MR.
: Okay.
11
MS.
: Yes. She would.
12
MR.
:
So, yourself, the tech,
13
and
14
MS. -.
.
.
15
MR.
: -- were really the only
16
three people?
17
MS.
: Mr.
18
MR.
:
Well,
wasn't here
19
at the time, though. Correct?
20
MS.
: Probably Mr.
.
I think
21
it's on his key ring.
22
MR.
: But - but just to clear
23
that up -
was not --
24
MS.
: Okay.
25
MR.
:
wasn't here at
EFTA00127036
LIMITED OFFICIAL USE
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the time, though?
2
MS.
: Okay.
3
MR.
: Is that right?
4
MS.
: I --
5
MR.
: Oh, you don't know?
6
MS.
I really don't know.
7
MR.
: Oh, okay. No. That's
8
why I was asking you.
9
MS.
:
Yeah.
10
MR.
:
My understanding
11
MS.
: I don't know.
12
MR.
: -- was that
was
13
the only tech at the time.
14
MS.
: Okay. I don't know if
15
was in the building, but I know
is who
16
dealt with at the time.
17
MR.
: Okay. And then,
18
would have?
19
MS.
: I think it may be on Mr.
20
key because he's the facilities manager.
21
But again, I'm not sure what keys they have.
22
MR.
:
What about the captain?
23
MS.
: I don't know.
24
MR.
:
Now, when you --
25
MS.
: I don't know what's on his
EFTA00127037
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1
keyrings.
2
MR.
: -- now, you say you don't
3
ever leave the institution with these keys, did
4
you give them to the captain, or where are the
5
keys?
6
MS.
: No. They're located in the
7
control center, behind a locked box.
8
MR.
: Okay.
9
MS.
: So, I have to give them the
10
key to open my locked box in order for me to
11
retrieve my SIS keys.
12
MR.
: Okay. And then, does
13
anybody else have that key, to open your locked
14
box, to get those keys?
15
MS.
: No.
16
MR.
: What are -? You said the
17
captain does, though? I thought you said he
18
could have gone to the captain to get the keys.
19
MR.
: He can't get into my
20
locked box. He nas his own locked box.
21
MR.
: So, how would -. I think
22
you -. I though you said that the captain
23
could have allowed
to get in -?
24
MS.
: He would have had them
25
allowed to break the glass, and get my key out.
EFTA00127038
LIMITED OFFICIAL USE
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1
MR.
: They would have had to --
2
MS.
: If it was another --
3
MR.
: -- actually break it?
4
MS.
: -- they would have to
5
actually break the keys. Myself, the SIS tech,
6
all of our keys are in a locked box. So, if
7
it's an emergency, you would have to break the
8
glass to retrieve our keys.
9
MR.
: And in this case, you
10
believe that would be an emergency, that they
11
were to break the glass to fix the cameras on
12
the 9th?
13
MS.
: Normally, yes.
14
MR.
: So, you think that that
15
would have been appropriate action, to break
16
it?
17
MS.
: Yes.
18
MR.
: Okay. And then, the
19
captain does not actually have a key to get
20
into the SIS office, though?
21
MS.
: No.
22
MR.
: Does anyone else?
23
or -?
24
MS.
: No. I think it's only on the
25
SIS staff, the phone monitor, the SIA, which we
EFTA00127039
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87
1
didn't have one at the time.
2
MR.
: Okay. But you're certain
3
that
and
on the 8th, were aware
4
that there was a camera issue, and not
5
recording?
6
MS.
: Yes.
7
MR.
: Do you know if they
8
notified the warden?
9
MS.
: I don't recall.
10
MR.
: Okay.
11
MS.
: Because I notified the
12
warden. And he seemed a little --
13
MR.
: Notified the warden when?
14
MS.
on the 10th.
15
MR.
: Okay.
16
MS.
: On the 10th. Once I came in,
17
once the incident happened. And me and him was
18
having a conversation, and he was saying, and
19
there's no cameras working, and I said, what do
20
you mean there's no cameras working? I said,
21
was supposed to fix the cameras on the
22
8th, and, you know, he was surprised, like,
23
what are you talking about? And I said, the
24
cameras went down on the 8th. Warden and I
25
notified
that the cameras was down. And
EFTA00127040
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I said, I wrote a memo.
2
MR.
: And what happened with
3
your memo? Who gets that memo?
4
MS.
: My memo, I usually give it to
5
the captain.
6
MR.
: Okay. And do you know,
7
in this case, did you give it to the captain?
8
MS.
: I did give it to him. I
9
might have emailed it, as well, to the -. I
10
would have to look at my email. I might have
11
emailed it, as well.
12
MR.
: And would have you -?
13
MS.
: And I might have emailed it
14
to
Again, I can't remember
15
MR.
: Can you --
16
MS.
exactly who I sent it to.
17
MR.
: -- you know, when you
18
come in, can you check your sent box, and see
19
if on the - you would have done this on the
20
8th, though?
21
MS.
: It would have been on the
22
8th.
23
MR.
: Okay.
24
MS.
: Yes,
25
MR.
: So, you would have - it
EFTA00127041
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1
sounds, like, potentially - hand-delivered to
2
him?
3
MS.
: Mm-hmm.
4
MR.
: And emailed, or both? Or
5
I mean, one or the other?
6
MS.
: Normally, because he's next
7
door, I would hand deliver him stuff.
8
MR.
: Okay.
9
MS.
: To be honest. And sometime,
10
I would email it to him if his door is closed,
11
and I don't see him. Or don't know if I'm
12
going to see him before I leave.
13
MR.
: Okay. But you are
14
positive, on the 8th, you gave him that memo,
15
one way or the other?
16
MS.
: Yeah. I'm almost - though,
17
I'm not going to say 100 percent sure - but I
18
know I verbally told him that the cameras was
19
down.
20
MR.
: Are you 100 percent sure
21
that there was a memo, though?
22
MS.
: Yes.
23
MR.
: But you may - when you
24
say you're not 100 percent sure - when else
25
would have you potentially done that memo?
EFTA00127042
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1
MS.
: No. I did the memo on the
2
8th.
3
MR.
: Oh. So, that's where,
4
when you say you're not 100 percent sure
5
MS.
: If I --
6
MR.
: -- right, you're not --
7
MS.
emailed it to him, I'm
8
saying to you.
9
MR.
: -- but you're 100 percent
10
sure you provided it to him?
11
MS.
: Yes. And I notified him,
12
word of mouth, that the cameras was down.
13
MR.
: Okay, and that - sorry -
14
that's where I just want to make sure I'm
15
clearing that up. So, you know for a fact you
16
gave him that memo. You just don't know if you
17
gave it to him, either by hand --
18
MS.
: Or email.
19
MR.
: -- or email.
20
MS.
: Yes.
21
MR.
: Okay.
22
MS.
: Yes.
23
MR.
: But it's definitely, he
24
got it?
25
MS.
: Yes.
EFTA00127043
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MR.
: Perfect. Okay. But
2
regardless, both
and
knew --
3
MS.
: That the cameras --
4
MR.
: -- verbally, and
5
knew specifically, because she was
6
MS.
: Because she was with me.
7
MR.
: -- involved.
8
MS.
: Right. She was with me.
9
Yes.
10
MR.
: Okay. And was she
11
involved, at all, with those discussions with
12
13
MS.
: I can't remember if she
14
stayed with me. I think she walked away.
15
MR.
: Okay.
16
MS.
: Because we couldn't get what
17
we needed, as far as footage.
18
MR.
: Were they both under the
19
impression that
was actually working on
20
the camera system?
21
MS.
: Hmm.
22
MR.
: Like, did they ask, well,
23
are you going to take care of this, or anything
24
like that?
25
MS.
: No. I don't remember them
EFTA00127044
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speaking to
I just know --
2
MR.
: No. When you verbally
3
spoke with
, though, and
about the
4
situation, did you say, I notified
, he
5
said he'll take care of it, or anything like
6
that?
7
MS.
: Yes. Yes.
8
MR.
: Okay. So, you did tell
9
them that, that he would be fixing it.
10
MS.
: Yeah. Well, she was on the
11
phone -. She was standing next to me when I
12
was on the phone, talking to Mr.
13
MR.
: Okay.
14
MS.
: Mm-hmm.
15
MR.
: What about the captain,
16
though? Did he know?
17
MS.
: No. He wasn't near me.
18
MR.
: Did he ask, like, is
19
going to fix it, or anything like that?
20
MS.
: No. He didn't --
21
MR.
: Did he say anything?
22
Well, what --
23
MS.
: -- he didn't ask.
24
MR.
: -- what was his response
25
to you telling him that the cameras were down?
EFTA00127045
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1
MS.
: He asked me, did I notify
2
them, and I said, yes.
3
MR.
: That was my question.
4
I'm sorry.
5
MS.
: Okay.
6
MR.
: So --
7
MS.
: I apologize.
8
MR.
: -- so, he did know that
9
10
MS.
: Yes.
11
MR.
: -- was notified?
12
MS.
: Yes.
13
MR.
: Okay. Go ahead.
14
MR.
: Was the captain surprised the
15
cameras were down?
16
MS.
: I don't know if he was
17
surprised because it's not, like, it's not
18
normal. Sometimes, they do go down. You know?
19
It's our job to notify who we need to notify to
20
bring them back up. But
21
MR.
: Do you recall his reaction?
22
Like, did he state, oh, yeah, it must be fixed
23
today? Make sure
takes care of it.
24
What was his exact reaction to that
25
notification?
EFTA00127046
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MS.
: I can't recall.
2
MR.
: Okay.
3
MS.
: I can't recall.
4
MR.
: And did
ever come
5
back and tell you that he couldn't fix it that
6
day, on the 8th?
7
MS.
: No. He told me that on the
8
10th.
9
MR.
: What did he tell you on
10
the 10th?
11
MS.
: Once I walked into the
12
Special Housing area on the 10th, he was there.
13
I don't know if he was working that day. But
14
he was there, and when the door opened, you
15
know, my response was, well, what happened to
16
the cameras? And he said, oh, that's what I'm
17
here for today. Which was two days later. I'm
18
here today to fix it. But I guess they pulled
19
him, and put him on the post, or something to
20
that effect. And I said, but you told me you
21
was going to fix them on the 8th. And he was,
22
like, I couldn't fix them on the 8th. I can't
23
remember why he said he couldn't. But I think
24
he responded to me before I could even ask the
25
question, once he saw me because I was a little
EFTA00127047
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1
taken back that the cameras were down. Because
2
I assumed they was going to be fixed on the
3
8th.
4
MR.
: Okay.
5
MR.
: Can I ask you, when you guys
6
were - you and AW
- were reviewing
7
footage, and you realized it wasn't working,
8
you called
What was
reaction
9
to finding out the cameras were not working?
10
MS.
: He said he was going to come
11
down and take a look at it.
12
MR.
: Did he mention it was an
13
ongoing - it was already an issue, he was aware
14
of it, or was that the first he was hearing
15
about it? Do you recall?
16
MS.
: No. He didn't --
17
MR.
: No?
18
MS.
-- he didn't say. He just
19
said, okay, I'm going to come take a look at
20
it.
21
MR.
: And then, he came down, both
22
of you guys were in the room, and he tried to -
23
24
MS.
: No. I wasn't in there with
25
him. I just opened the door so he could get
EFTA00127048
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1
in. And he went in, and he came back, and he
2
said, yeah, they're not recording, and he made
3
a phone call, or he walked away one, and he
4
said, I'm going to stay and do overtime,
5
tonight.
6
MR.
: And he did specifically
7
say "tonight"?
8
MS.
: Yes.
9
MR.
: Okay.
10
MR.
: And if he did stay, stay
11
overtime, that would be on his webTA?
12
MR.
: Well --
13
MS.
: It should be.
14
MR.
: It should be.
15
MR.
: -- well, no, we know he
16
didn't. But --
17
MR.
: Okay.
18
MS.
: Okay.
19
MR.
: -- as far as, if both you
20
and the other SIS tech left, would he have been
21
able to still stay in, on the 8th, in the
22
camera room, to be able to work on it?
23
MS.
: Yes.
24
MR.
: Okay.
25
MS.
: Yes. Because it's been times
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that he needed to do work, and I needed to go
2
home. And the captain would say, okay, well,
3
leave your keys with me, you know, so he could
4
have access.
5
MR.
: Okay.
6
MS.
: To the room.
7
MR.
: So, when you left that
8
day, did you check back in with
at all,
9
to say, like
10
MS.
: I sure didn't.
11
MR.
: -- hey. You did not?
12
MS.
: I didn't.
13
MR.
: Okay. And do you know
14
what he did after you told him I'm going to
15
take care of? Do you know what he did?
16
MS.
: No.
17
MR.
: No. Did he stay in the
18
room, though? Did he -?
19
MS.
: No. He left out the room.
20
He left out the room.
21
MR.
: All right. And then, did
22
you leave before the other tech, on the 8th?
23
MS.
: I would have left probably
24
after her, because she leaves at 2:00.
25
MR.
: Uh-huh. What time?
EFTA00127050
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MS.
: I can't remember what
2
happened that day.
3
MR.
: And what -?
4
MS.
: Normally, I'm there between
5
2:00 -. More closer to 3:00, I'm leaving. So.
6
MR.
: Okay. So, if you both
7
left, though, at 2:00 or 3:00, and he said he
8
was coming back that day to fix it, how would
9
have he done that?
10
MS.
: Because I would have spoken
11
to the captain and said, hey,
needs to
12
get in the com room.
13
MR.
: Do you remember, did that
14
conversation occur?
15
MS.
: I honestly don't remember.
16
MR.
: Okay. You don't
17
remember.
18
MS.
: No.
19
MR.
: Okay.
20
MR.
: Nice Vision has that
21
administrative feature. Nice Vision is the
22
camera --
23
MS.
: Mm-hmm.
24
MR.
: -- system, right? That
25
administrative feature is called Supervision.
EFTA00127051
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Do you recall that?
2
MS.
: Hmm.
3
MR.
: Well -.
4
MR.
: There was a couple
5
different --
6
MR.
: Name
7
MR.
: -- names, for different
8
applications, but there is one application
9
called Supervision, and that you might be able
10
to log into Supervision and see if the recorder
11
errors are actually recording. Do you know if
12
you got access to that?
13
MS.
: No. I have - mine is SIS
14
lieutenant access, so.
15
MR.
: Right.
16
MR.
: Who had administrative access
17
to the camera system?
18
MS.
: Meaning that Supervision?
19
MR.
: Supervision. Who could go
20
in, control the cameras, or take cameras
21
offline? And mess with the cameras.
22
MS.
: I don't know. I would say
23
computer services have access, and probably,
24
would say, facilities managers should have
25
Supervision access.
EFTA00127052
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1
MR.
: But not the SIS Shop?
2
MS.
: No.
3
MR.
: Okay.
4
MR.
: So --
5
MS.
: No.
6
MR.
and
is
7
basically who you're saying?
8
MS.
: I don't know. I don't even
9
know if
would have Supervision access
10
because -. I don't know. I would think, if
11
you say Supervision, it would be upper
12
MR.
: Yeah. Supervision
13
doesn't mean super -. It's not a title for,
14
like, somebody in the -. It's a title for the
15
app. So, like, there's an app that says, like,
16
you know, these people are granted access to be
17
able to review and rewind, but then there's
18
another app
19
MS.
: Oh.
20
MR.
that allows you to
21
actually check to see if things are running
22
properly, and recording, an it's just called
23
Supervision.
24
MS.
: Oh, okay.
25
MR.
: That doesn't mean
EFTA00127053
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1
MS.
: Then that would be --
2
MR.
: -- that you're a
3
supervisor.
4
MS.
: -- that would be - I would
5
say - that would be
because that's his
6
area, the cameras.
7
MR.
: Okay. And do you know if
8
anybody else would have the ability to do
9
things like that, to take, you know, recorders
10
on or offline, or to at least check their
11
status with the camera system?
12
MS.
: I don't know. If it is, it
13
would be facilities shop.
14
MR.
: So, but primarily,
15
would be the person?
16
MS.
: Mm-hmm.
17
MR.
: Okay.
18
MS.
: Yes.
19
MR.
: Not you, though?
20
MS.
: No.
21
MR.
: And in no way, while you
22
were
Although, the only thing that would be
23
able to tip you off, if things weren't
24
recording, is if you started trying to rewind,
25
and it wasn't rewinding.
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1
MS.
: If I tried to rewind, it
2
wouldn't rewind. Or if they were red. It
3
would have, like, a red X on a camera. I know
4
that it's a problem, even if it's not working
5
at all. Or something is wrong with it.
6
MR.
: Did that - on the 8th,
7
when you were looking - were there any red X's?
8
MS.
: I don't recall if -. Because
9
it's a lot of cameras, and they're in different
10
places. So, I don't recall there being a red
11
X.
12
MR.
: But just to --
13
MS.
: On any of them.
14
MR.
: -- circle back. What
15
tipped you off was with you and
trying to
16
go back and review?
17
MS.
: Yes.
18
MR.
: And that's where you said
19
20
MS.
: Yes.
21
MR.
: -- why can't I do 17.
22
MS.
: Mm-hmm.
23
MR.
: Gotcha.
24
MR.
: And prior to that day, you
25
don't recall when the last time you guys tried
EFTA00127055
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1
to review it was, right?
2
MS.
: No. I don't recall.
3
MR.
: Okay. So, but it had been a
4
little bit. It had been a little while?
5
MS.
: Yes.
6
MR.
: Okay. Anything else on the
7
cameras?
8
MR.
: I think that's all.
9
MR.
: Okay.
10
MR.
: That's great information,
11
that we didn't know that before. I didn't know
12
that that's how we found out that the cameras
13
were offline --
14
MS.
: Mm-hmm.
15
MR.
: -- was basically your
16
review. How often should
have been
17
going in to check those servers to make sure
18
that they were online?
19
MS.
: Daily.
20
MR.
: So then, would you know
21
if he was?
22
MS.
: I can't say he was checking
23
daily. I know that he was up there quite
24
often. But I can't even say that he was
25
checking the cameras because, one I let him in,
EFTA00127056
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1
to do whatever he's doing with the servers, you
2
know, I wasn't standing there, you know, saying
3
what are you doing, or, so --
4
MR.
: And I know we're talk --
5
MS.
-- but daily, they should
6
have checked.
7
MR.
:
I know we're talking a
8
long time ago now, but do you remember, prior
9
to the 8th, if he was in -? Because again, I
10
think the information that we have suggests
11
that the camera servers went down on the actual
12
July 29th --
13
MS.
: Hmm.
14
MR.
: -- of 2019. So, there
15
is, like, almost a - more than a --
16
MS.
: Week.
17
MR.
: -- week --
18
MS.
: Yeah. Yeah.
19
MR.
: -- do you know if he was
20
actually going in, at that time, for that week
21
period, checking in on the servers at all, at
22
this -?
23
MS.
: I know he entered the area.
24
But I don't know if he checked the servers
25
while he were back there. But I know he was
EFTA00127057
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1
entering the area.
2
MR.
: Okay.
3
MR.
: What else is in that area?
4
MS.
: Just the servers in there.
5
And ink cartridges. At the top.
6
MR.
: And that's on the third
7
floor?
8
MS.
: It's on the third floor.
9
MR.
: Okay.
10
MR.
: And then, nothing else is
11
stored. Is there evidence stored in there?
12
MS.
: No.
13
MR.
: For some reason, we were
14
under the impression that SIS stored evidence
15
there.
16
MS.
: There's no evidence in there.
17
It's some old file cabinets from, maybe before
18
I was born.
19
MR.
: And I think
said
20
that there was maybe, it's like a hallway, and
21
there's, like, some evidence, some old
22
evidence, or evidence there.
23
MS.
: Not where the servers are.
24
But it's some file cabinets, where the servers
25
are. And I think that's maybe some archive SIS
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1
cases from --
2
MR.
: Okay.
3
MR.
: Okay.
4
MS.
a long time ago.
5
MR.
: So, next topic?
6
MR.
: Mm-hmm.
7
MR.
: Okay. So, what was your
8
understanding about why Epstein was not in his
9
assigned cell? Were you aware that he was
10
when they found him - and he was not in the
11
cell that he was assigned to in the system?
12
MS.
: No. I learned that later on,
13
that --
14
MR.
: What did you learn?
15
MS.
: -- that he was keyed to one
16
cell, but he was actually living in another
17
cell. So, I don't know where they changed his
18
cell at.
19
MR.
: And is this because the cell
20
rotations that happen in the SHU?
21
MS.
: Right.
22
MR.
: And who would have been
23
responsible to make sure that this, once the
24
cell rotation happened -.
25
MR.
: That's not the reason.
EFTA00127059
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1
So, let's not go down that path. So, did you
2
learn how that happened? How he was keyed into
3
one, and not in another?
4
MS.
: No.
5
MR.
: No? Okay. Did you hear
6
-? Does this refresh your memory at all, like,
7
he was initially placed into one cell, when he
8
came back from suicide watch, around July 30th,
9
but then, the CPAP (Phonetic Sp. *01:16:21)
10
machine didn't actually reach into there, so
11
they had to switch him to another?
12
MS.
: No.
13
MR.
: No? So, you never heard
14
anything about that?
15
MS.
: No.
16
MR.
: Okay. Go ahead.
17
MR.
: So -.
18
MR.
: Who would have been
19
responsible for making those changes in the
20
system, to make sure that he's in the actual
21
cell where he's supposed to be there?
22
MS.
: Normally, the SHU OIC make
23
the changes.
24
MR.
: So, it wouldn't be the
25
lieutenant? It would be the OIC?
EFTA00127060
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1
MS.
: Yeah. It would be the OIC.
2
MR.
: Okay. And so, would that
3
be -? Is there an OIC for each shift, or is
4
there one overall OIC?
5
MS.
: There is one for each shift.
6
MR.
: Okay. So, on that note,
7
is it more for, like, the morning watch, the
8
day watch, or the evening watch that would be
9
responsible for that change?
10
MS.
: No. Whatever shift he was
11
moved on, that OIC should have made the change.
12
MR.
: Okay. Okay. And at this
13
point, if the change wasn't made, is there a
14
way for us to know when that occurred? When
15
they actually moved him from one cell to
16
another cell?
17
MS.
: No. The only way you would
18
know is to rely on the cameras to, you know,
19
rewind and see.
20
MR.
: To see, you know --
21
MS.
: Mm-hmm.
22
MR.
: -- when that actually
23
happened. But the cameras weren't actually
24
working --
25
MS.
: Right.
EFTA00127061
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1
MR.
: -- from 7/29, and this
2
happened on 7/30. There's no way, at this
3
point?
4
MS.
: No.
5
MR.
: Okay.
6
MS.
: No.
7
MR.
: Go ahead.
8
MR.
: Next level?
9
MR.
: Sure.
10
MR.
: Cell searches. How often are
11
they supposed to do cell searches in the SHU?
12
MS.
: You're taking me back-back.
13
MR.
: Yeah.
14
MS.
: There is - I want to say they
15
have to do a set amount. I don't know if it's
16
three or five. It was five when I was an
17
officer. Per shift. They should be random
18
cell searches.
19
MR.
: Is it of the general area, or
20
actual cells that they're supposed to be
21
searching?
22
MS.
: Actual cell searches.
23
MR.
: And is that five -?
24
MS.
: With the exception of the
25
midnight shift. They usually do the general
EFTA00127062
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1
areas.
2
MR.
: But there should have been
3
cell searches done, by the C.O.s, at least five
4
times?
5
MS.
:
Yes.
6
MR.
: Per shift?
7
MS.
:
Yes.
8
MR.
: On day watch --
9
MR.
: Okay.
10
MR.
: -- and night watch?
11
MS.
: No. On day watch --
12
MR.
: Day watch and evening
13
MS.
: -- an evening watch.
14
MR.
watch.
15
MR.
: All right. Well,
16
evening. Evening watch, right?
17
MS.
:
Yes.
18
MR.
:
So, if they're doing
19
those, is it just as important to log those
20
searches into the system?
21
MS.
:
Yes.
22
MR.
:
So, if there is no cell
23
searches actually being logged into the system,
24
on those dates, is that a problem?
25
MS.
:
Yes.
EFTA00127063
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MR.
: Okay. And would you
2
consider that, like, a policy violation?
3
MS.
: Yes.
4
MR.
: If it's not logged into
5
the system, is it almost as if they never
6
happened?
7
MS.
: Yes.
8
MR.
: Go ahead.
9
MR.
: That's all I have. I know
10
you looked into the monitor, the phone call
11
that Epstein made the night before, on August
12
9th, right? And what is your understanding of
13
what transpired? Like, how did he make that
14
phone call?
15
MS.
: My understanding is that his
16
unit manager gave him the phone call. On an
17
unsecured line. He placed Epstein in the
18
shower area - that's what my understanding
19
and he plugged the phone into an unsecured
20
line, and gave him a phone call.
21
MR.
: And based on what we - based
22
on the interviews - it looks like Epstein asked
23
to speak to his mother.
24
MS.
: Right.
25
MR.
: And he asked for his pack and
EFTA00127064
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1
pen (Phonetic Sp. *01:19:33) was not set up.
2
MR.
: Well, let's ask her.
3
What is your understanding of what happened?
4
MS.
: That was my understanding,
5
that he made a phone call to his mother.
6
MR.
: Have you learned anything
7
since then?
8
MS.
: No. Well, I did learn that
9
his mother was deceased on the 10th.
10
MR.
: And do you know who he
11
actually called?
12
MS.
: I don't. I don't. I
13
actually was present when we did get the
14
number, and it NYPD, guy called the number
15
back, but I don't know who it was.
16
MR.
: He actually dialed the
17
phone?
18
MS.
: Mm-hmm.
19
MR.
: To check to -? Rather
20
than doing a search, he called the number that
21
they --
22
MS.
: I think he did a search.
23
MR.
-- okay.
24
MS.
: I think he did a search. And
25
he called the number.
EFTA00127065
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MR.
: From here? At the BOP?
2
MS.
: No. I want to say he might
3
have called from his phone he had.
4
MR.
: He had a cell phone?
5
MS.
: Yeah. Mm-hmm. I want to say
6
he called from his phone.
7
MR.
: Was this in your
8
presence?
9
MS.
: Yeah. It was. Yeah. I was
10
there.
11
MR.
: Did they bring their cell
12
phones into the institution?
13
MS.
: We had - we got approval for
14
them to bring their phones in, because they was
15
doing an investigation.
16
MR.
: Oh, okay.
17
MS.
: Yes.
18
MR.
: And do you know if
19
someone answered when he called?
20
MS.
: I want to say a female
21
answered, but hung up.
22
MR.
: Okay. Did he identify
23
himself?
24
MS.
: I can't remember.
25
MR.
: Okay.
EFTA00127066
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1
MS.
: I can't remember.
2
MR.
: And is that the same
3
person, though, that --
4
MR.
:
You think?
5
MS.
:
Yeah.
6
MR.
:
NYPD
7
MS.
:
Yeah.
8
MR.
: -- detective.
9
MS.
: Because - yes - it was only
10
one NYPD at the time.
11
MR.
: Okay. And it's
12
13
MS.
: Yeah.
14
MR.
: Okay.
15
MS.
: I think it was
16
MR.
: Okay. Great. Who did
17
you say that actually provided him the phone
18
call?
19
MS.
: His unit manager.
20
MR.
: And who was that?
21
MS.
: His name is Nathaniel
22
23
MR.
: And what is your
24
understanding of what should have transpired if
25
he gave him that phone call? How should have
EFTA00127067
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1
that process worked?
2
MS.
: If he gave him a phone call,
3
it should have been on a secure line. Meaning,
4
the inmate's line. Because when it's on the
5
inmate line, you can listen to the phone call.
6
You know, go back. You can monitor it live.
7
And it should have been recorded in the logbook
8
that he received the phone call to the number
9
he received the phone call to.
10
MR.
: And should have he sat
11
there with him, while the call was being
12
placed?
13
MS.
: Yes.
14
MR.
: All right. And do you
15
know anything about there not being a logbook
16
in the SHU, for those telephone calls?
17
MS.
: I know it was -. We were
18
looking for logbooks. I can't remember if that
19
book was one of them, to be honest with you,
20
because I collected so many. So, I can't
21
remember if that actual book was missing.
22
MR.
: Okay. And do you know if
23
actually did monitor the call, and log
24
it?
25
MS.
: I don't know.
EFTA00127068
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1
MR.
: You don't know if he did
2
or not?
3
MS.
: I don't know.
4
MR.
: Okay. Do you know
5
anything -? Did your investigation reveal
6
anything that transpired during that call?
7
MS.
: No. I don't know.
8
MR.
: No. So, you never found
9
anything more?
10
MS.
: I never found anything more.
11
MR.
: How serious of a
12
violation do you consider it, if the inmate had
13
- in this specific instance - both provided
14
Epstein the phone call, and put him in the G-
15
tier shower, walked away, and not only walked
16
away, but left the unit? And the inmate could
17
then talk by himself. Is that a pretty
18
significant thing, or -?
19
MS.
: It is. Because it was on a
20
again - it was on an unsecured line. So, you
21
know, you can't get the recording back, even if
22
you an emergency and you needed to step away
23
for a minute, you know, you still can go and
24
listen back to that phone call, to see if
25
anything transpired.
EFTA00127069
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1
MR.
: Sure. And why is it? Is
2
it, like, a potential danger to other inmates
3
in the facility, by being able to provide
4
inmates these unsecured phone calls?
5
MS.
: I would say yes.
6
MR.
: So, it's a security
7
matter?
8
MS.
: It's a security issue.
9
MR.
: Okay. And what is your
10
opinion on if, when
- Epstein says he's
11
calling his mother, and Mr.
calls the
12
number that he gives him, which we don't have
13
the number for at the time, there's no list,
14
and a male answers the phone. And then, he
15
provides Epstein with that call. What is your
16
thoughts on that as an SIS lieutenant?
17
MS.
: Okay. Can I -? Just
18
rephrase it. He gave him the phone call, and a
19
male answered the phone call.
20
MR.
: So, Epstein says, I'm
21
calling my mother. This is the number. He
22
calls the number. Mr.
says a male
23
answers the phone. And then provides the phone
24
to Epstein.
25
MS.
: At that point, I wouldn't
EFTA00127070
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1
have provided the phone to Epstein. I would
2
have hung the call up.
3
MR.
: Right. So, is that also
4
a pretty bad security violation?
5
MS.
: Yeah.
6
MR.
: Okay.
7
MR.
: Should he have verified who
8
was on the phone?
9
MS.
: Yes.
10
MR.
: Should he have asked for a
11
name?
12
MS.
: Yes.
13
MR.
: Was there a logbook, at that
14
point, in the SHU?
15
MS.
: I don't know. I don't know.
16
MR.
: Is there something called
17
endogen (Phonetic Sp. *01:24:39) inmates?
18
Inmates. Now, if
19
MS.
: Yes.
20
MR.
can you -?
21
MR.
: What does that mean:
22
MR.
: Yeah. What does that mean?
23
MS.
Endogen is inmates that, you
24
know, don't have any money on their accounts.
25
They don't have no type of resources. No type
EFTA00127071
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1
of money coming in, through family members, or
2
anything to that effect.
3
MR.
: Now, if an endogen inmate
4
wanted to make a phone call, what is the
5
procedure for that?
6
MS.
: I'm not too sure how unit
7
team deal with endogen inmate.
8
MR.
: Okay.
9
MS.
: I'm not too sure.
10
MR.
: Is it - have you ever heard
11
the procedure that, if an inmate doesn't any
12
money in the pack and pen, they can't make any
13
phone calls, the unit team sometimes allows
14
them to make a phone call on the legal line?
15
MS.
: I've never heard of that.
16
MR.
: Regardless, if an inmate
17
is speaking on the legal line, it's always
18
supposed to be
19
MS.
: A legal --
20
MS.
monitored?
21
MS.
a legal phone call. Yes.
22
MR.
: Where if it's in this
23
case, that an inmate that doesn't actually have
24
money, if they do allow it, they have to
25
monitor it. Correct? They have to sit there
EFTA00127072
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1
and listen to it with them?
2
MS.
: They do, but they shouldn't
3
allow it because it's a legal line.
4
MR.
: Okay. So, really, the
5
legal line is only supposed to be --
6
MS.
: Only for legal.
7
MR.
: -- okay. So, not only
8
was this not done properly, they should have
9
never provided Epstein a call from the legal
10
line, is what you're saying?
11
MS.
: Right.
12
MR.
: Okay.
13
MR.
: Is there another line, or,
14
like, a pack and pen set up to utilize for
15
inmates that don't have any money, that want to
16
make calls? Like, you know how pack and pens
17
are assigned to each inmate. Right?
18
MS.
: Yes.
19
MR.
: Now, if it's an endogen
20
inmate, and they wanted to make a phone call
21
that's not legal, is there a special code that
22
the unit team can use?
23
MS.
: I don't know. I don't know.
24
MR.
: And if the captain, if there
25
was a conversation between the captain and the
EFTA00127073
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unit, with (Indiscernible *01:26:22)
2
and the captain instructed him to monitor it,
3
and log the call, what does that mean to you?
4
MS.
: That mean you should be
5
standing there, listening to the phone call.
6
MR.
: Okay.
7
MS.
: And you should be recording
8
it in the logbook.
9
MR.
: All right. Anything else on
10
that?
11
MR.
: Nope.
12
MR.
: Now, let's talk about August
13
10th. Right? When did you find out about Mr.
14
Epstein's death?
15
MS.
: Maybe about 6:00 in the
16
morning. I got a call at home. I got a call
17
at home, by the captain called me.
18
MR.
: Captain
19
MS.
: Captain
called me.
20
MR.
: Mm-hmm.
21
MS.
: And he said we have an
22
emergency. I need you to come up to the
23
institution. And I said, okay. What happened?
24
You know, I'm getting up now. And he said,
25
it's Epstein again. And I said, okay. What
EFTA00127074
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1
happened? You know, with Epstein. And he
2
said, Epstein tried to kill himself. So, I
3
said, okay. I got dressed, and I came up to
4
the institution. It's not until maybe I was
5
here maybe about 45 minutes, when I learned
6
that he was deceased, and then, everybody said,
7
wait, you didn't know? And I said, no, because
8
I heard tried. So, and I remember saying, did
9
he go to the hospital because try mean, okay,
10
did we take him here? And when I got to there,
11
like, no, he's in the hospital. Like, he's
12
deceased, and I was, like, oh. Okay.
13
MR.
Mm-hmm. So, when -.
14
MR.
: Do you know if he was
15
alive when the first officer responded to him?
16
MS.
: Oh, I don't know.
17
MR.
: Do you have anything, any
18
investigative steps that you took reveal
19
anything about that? Like, life-saving
20
measures, like, to keep him alive versus bring
21
him back?
22
MS.
: I don't know. Just
23
overhearing that they did some CPR measures.
24
But I don't really know who did what.
25
MR.
: Okay.
EFTA00127075
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1
MR.
: When you arrived at the
2
facility, around what time was it,
3
approximately?
4
MS.
: Maybe, I know it was before
5
7:30.
6
MR.
: And was he already gone, at
7
that point?
8
MS.
: Yes. He was already gone.
9
MR.
: And when you came in, what is
10
the first step you did?
11
MS.
: I just started gathering
12
evidence. You know -?
13
MR.
: Did you go up to the SHU?
14
MS.
: Yes. I went up to the SHU to
15
take whatever logbooks that was up there, and
16
that I could find. I went to the control
17
center to look for the count slips, from the
18
night before, the 9th and the 10th. The warden
19
had took some of the count slips. He beat me
20
to the punch. So, he did give me what he took
21
because it was -. Everybody was just trying to
22
gather up evidence, just -.
23
MR.
: We're just trying to get a
24
MR.
: On --
25
MR.
: -- sorry.
EFTA00127076
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1
MR.
: -- and on the count
2
slips, did you find anything out about the
3
counts that were conducted, or not conducted,
4
that night?
5
MS.
: On the count slips, I just
6
seen that they were filled out. They were
7
filled out. And I think, I want to say the
8
10th was missing. Because everybody would run
9
around, looking for the 10th count slip. I
10
can't remember what time. I think the 3:00 and
11
the 5:00, they were looking for. On the count
12
slips.
13
MR.
: When you said they were
14
looking for it, where were they looking for it?
15
MS.
: In the control center.
16
MR.
: I see.
17
MS.
: Because that's where the
18
count slips would be.
19
MR.
: So, they went to -. And so,
20
the captain, or the warden, went down to the
21
control center, they were looking for the 3:00
22
a.m. and the 5:00 a.m. count slips, and they
23
couldn't find them?
24
MS.
: I don't know who actually
25
went in the control center because it's my
EFTA00127077
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1
understanding they were looking for the count
2
slips before I arrived. So, what -.
3
MR.
: Did you do any vetting of
4
the counts, though, to notice, like, if they
5
count slips matched up with the institutional
6
counts, or anything like that?
7
MS.
: Did I do any?
8
MR.
: Yeah.
9
MS.
: No. I didn't.
10
MR.
: So, you didn't notice.
11
Did you notice any of the count slips having,
12
like, any extra writing on them? Like, 9S+1,
13
or 73+1. Or anything like that?
14
MS.
Hmm. I can't remember.
15
MR.
: So, you don't remember.
16
MS.
: i can't remember.
17
MR.
: Okay.
18
MR.
: Do you want to show that?
19
MR.
: No. I mean, yeah, if you
20
want to, if you have it. Sure.
21
MR.
: We'll come back. So, I'll
22
come back to that. I just had a few questions.
23
So, when you came in, people were already in
24
the SHU, looking for stuff?
25
MS.
: Yeah.
EFTA00127078
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1
MR.
: Pulling stuff up?
2
MS.
: That, it was only the captain
3
gave me a few things. He was looking for his
4
folder. His 292s and stuff to that effect. So
5
6
MR.
: That would be Epstein's
7
folder?
8
MS.
: -- Epstein's.
9
MR.
: Okay.
10
MS.
: Right. So, whatever he found
11
with Epstein, he did give it to me. Whatever
12
he found in the SHU. Again, the count slips
13
were in the warden's office, what they found.
14
So, I did get those from him.
15
MR.
: What is the normal procedure
16
if an inmate dies in prison, or, you know, a
17
suicide happens in prison, what is the normal
18
procedure on the actions to be taken?
19
MR.
: Well, prior to we get
20
into that, why were you all looking for the
21
count slips?
22
MS.
: That's, like, a procedure,
23
what we do, you know, we look at the count
24
slips to make sure - especially with a suicide
25
in SHU - you want to make sure that the count
EFTA00127079
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1
was conducted. You're going to review the
2
cameras and see that the count was conducted.
3
You know, it's just to make sure, basically
4
everybody is accountable, and do what they
5
needed to do.
6
MR.
: And did you do any of
7
that, trying to ensure that those counts were
8
conducted?
9
MS.
: Well, it was no cameras, and
10
I didn't do an investigation, because at that
11
point, once we notify OIG and FBI, we knew that
12
it would be their investigation. So --
13
MR.
: Right.
14
MS.
I did no investigation.
15
MR.
: And do you know if the
16
counts were conducted?
17
MS.
: I don't know.
18
MR.
: Okay.
19
MR.
: Okay.
20
MR.
: So, now the procedures.
21
MR.
: Well, on the same note, then.
22
Did they eventually find the count slips?
23
MS.
: They found -. They did find
24
I don't think the 10th was ever located.
25
It could have been. I can't recall. But
EFTA00127080
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1
know the 10th was the missing count slip. One
2
of them went missing or something to that
3
effect, that, you know, OIG kept calling me,
4
and I'm, like, I'm looking for them, I'm going
5
through everything, I'm going through, you
6
know, we were trying to find. It was something
7
missing. I can't remember the timeframe, but
8
it definitely was something missing, at the
9
time.
10
MR.
: But you didn't say, it
11
eventually was found?
12
MS.
: I --
13
MR.
: Okay. And do you know
14
MS.
:
I can't remember.
15
MR.
: -- so, when you came in,
16
right after you found out about the incident,
17
did you come right to the SHU?
18
MS.
: Yes.
19
MR.
: Who was in the SHU, at that
20
point?
21
MS.
: I don't remember. It was a
22
lot of people.
23
MR.
: When you say a lot of people,
24
like -?
25
MS.
: In and out of the SHU. Like,
EFTA00127081
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1
administration. Like, the captain, I think,
2
was up there at the time. Or I
3
MR.
: Was -.
4
MS.
:
I can't even remember what
5
officers was up there, to be honest with you.
6
MR.
: Who was in the cell, at that
7
point? Epstein's cell.
8
MS.
: Nobody.
9
MR.
: Nobody. Was that sealed off?
10
MS.
: The door was locked.
11
MR.
: Do you know who locked it?
12
MS.
: I don't know who locked it.
13
MR.
: Okay. And why was the door
14
locked?
15
MS.
: I don't know, but I'm
16
assuming somebody locked it because they knew
17
it would be -. You know, we would do an
18
investigation on it.
19
MR.
: Do you think it was a
20
possible crime scene?
21
MS.
: Right.
22
MR.
: Okay. And they sealed it up
23
so no one came in and out?
24
MS.
: Nobody came in and out. When
25
I got up there, it was locked. We took the
EFTA00127082
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1
CPAP machine, and different stuff out of it, we
2
did. And we inventoried it in SIS.
3
MR.
: So, that's a question. So,
4
when you -. It was locked. Since did someone
5
go in, at that point, to take stuff out?
6
MS.
: No. We didn't go in right
7
then and there. No. We roped it off with the
8
yellow tape.
9
MR.
: Okay.
10
MS.
: We roped it off with the
11
yellow tape.
12
MR.
: And then, of course, what
13
about the stuff inside the - before we go in
14
this room - what about the stuff in the
15
officer's desk? Was stuff inventoried out of
16
the desks? Taken stuff, taken out. Like, any
17
18
MS.
: No.
19
MR.
-- anything related to
20
Epstein. Like, you mentioned that the captain
21
took the folder. Where was that folder --
22
MS.
: No.
23
MR.
: -- taken?
24
MS.
: We couldn't find -. They
25
couldn't find the folder.
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MR.
: Oh, they couldn't find the
2
folder?
3
MS.
: They couldn't find the folder
4
at all. So, whatever paperwork he got was
5
stuff laying around.
6
MR.
: So, he took stuff off the
7
desks, and things like that?
8
MS.
: I'm - yeah - I'm assuming
9
that's where he got it from.
10
MR.
: Was an inventory made of
11
those stuff that he took out of the SHU?
12
MS.
: Yes.
13
MR.
: Okay. What are the steps -
14
as an SIS lieutenant - did you guys take any
15
materials out of the SHU, as evidence?
16
MS.
: What do you mean?
17
MR.
: Like, did --
18
MS.
: Find something?
19
MR.
: -- any paperwork related to
20
Epstein, things like that, did you guys
21
inventory anything?
22
MS.
: Everything related to him.
23
Yeah. Because we brought it down to SIS. We
24
turned it over to OIG.
25
MR.
: Okay. So, the --
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MS.
: And we inventoried it.
2
MR.
: -- inventory was done by you,
3
not the FBI?
4
MS.
: No. It was done by me. They
5
signed off on it, well, as I was handing it to
6
them. I had everything on an inventory list,
7
of course. So, they were double checking what
8
I was giving them, and they signed off on the
9
chain of custody.
10
MR.
: And that morning, the round
11
sheets, where did you find the round sheets?
12
MS.
: So, someone gave me the round
13
sheets.
14
MR.
: So, it was not -? It wasn't
15
in the SHU?
16
MS.
: No.
17
MR.
: Okay. And Epstein paper.
18
You said you took anything Epstein related,
19
right? In paperwork.
20
MS.
: Right.
21
MR.
: And, like, what kind of
22
paperwork did you take?
23
MS.
Oof. I think I got, like,
24
one or two 292s. I may have. Whatever it was,
25
was very little.
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MR.
: Do you recall taking this
2
(Indiscernible *01:35:41) mandatory -? It says
3
mandatory rounds must be conducted every 30
4
minutes on Epstein.
5
MS.
: Not, I've never even seen
6
that sign.
7
MR.
: So, you've never seen that?
8
MS.
: No.
9
MR.
: Okay. And do you recall any
10
signs being up in the SHU, regarding Epstein?
11
MS.
: No. I don't recall.
12
MR.
: Him needing a cellmate, and
13
your rounds being
So, you don't recall this
14
in there, either?
15
MS.
: No. I've never seen that
16
sign.
17
MR.
: Do you know who collected
18
that, by any chance?
19
MS.
: No. I don't.
20
MR.
: So, if you -.
21
MR.
: Was it the captain char.
22
went in and collected a lot of this stuff? Is
23
the one that -?
24
MS.
: He did, but --
25
MR.
: And was he the one --
EFTA00127086
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MS.
: -- that was never --
2
MR.
: -- that provided -? He
3
provided you with some of this stuff, though,
4
like, the 292s that you're talking about?
5
MS.
: Yes. He gave me the 292s.
6
MR.
: And what is that? Is
7
that, like, the feeding --
8
MS.
: The feeding.
9
MR.
: -- and the showers?
10
MS.
: The showers. Yes.
11
MR.
: Okay.
12
MR.
: But you don't recall this?
13
MS.
: I've never seen that.
14
MR.
: Was there any lists kept in
15
the SHU, to say any special needs for some of
16
the inmates? Like, if they are suicidal watch,
17
and things like that, is there any special
18
lists in the SHU for that?
19
MS.
: It should have been a hot
20
list. What we call a hot list, that psychology
21
would have put up there. Do you recall if
22
there was one in the SHU, at that point?
23
MS.
: I don't know.
24
MR.
: Okay.
25
MS.
: I don't know.
EFTA00127087
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MR.
: And if there was one, where
2
would it have been kept?
3
MS.
: I would think it would have
4
been posted somewhere near the officer's
5
station.
6
MR.
: Okay. And what about the
7
now, let's go to his cell - who inventoried
8
everything out of his cell?
9
MS.
: My SIS tech went in, and she
10
took what was in there, which was, like, some
11
letters he had. I think some pill bottles.
12
And the CPAP machine was in there.
13
MR.
: Did you assist your - sorry,
14
I wrote the person's name.
15
MS. -:
16
MR.
17
MS.
: Yeah.
18
MR.
: Did you assist
19
MS.
: Yeah. I was up there. Yes.
20
MR.
: How do you spell her last
21
name?
22
MS. -:
23
MR.
: So, it's, I wrote it
24
And first name is America?
25
MS.
: America. Yes.
EFTA00127088
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MR.
: America? Like, our --
2
MS.
: Yes.
3
MR.
: -- America, our country?
4
MS.
: Mm-hmm.
5
MR.
: Okay. Cool.
6
MR.
: So, did you assist her when -
7
8
MS.
: Yeah. I was there.
9
MR.
-- when she walked in -.
10
You both were.
11
MS.
:
Yes.
12
MR.
: What was your impression when
13
you saw it? Like, what did you see when you
14
walked in?
15
MS.
: Just, it wasn't much in the
16
cell. It was just more, linen sheets, linen
17
stuff.
18
MR.
:
Was there an excessive --
19
MS.
:
Yeah.
20
MR.
: -- excessive amount of
21
linens and sheets?
22
MS.
: Yes.
23
MR.
:
Did you inventory thatf
24
MS.
: No. I didn't.
25
MR.
:
Do you know around how
EFTA00127089
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many linens and sheets were in there?
2
MS.
: No. I don't.
3
MR.
: But it seemed excessive,
4
though, for --
5
MS.
: For Special Housing.
6
MR.
: -- right.
7
MS.
: Yes.
8
MR.
: So, there were definitely
9
more than should have been in there?
10
MS.
: I would say.
11
MR.
: Do you know why that
12
would be the case?
13
MS.
: No.
14
MR.
: What about the pill bottles?
15
All those pill bottles, and you said you saw
16
medication, things like that.
17
MS.
: I don't remember if they were
18
empty, or if medication was in them. I know we
19
just took them.
20
MR.
: You start on them,
21
actually.
22
MR.
: Yeah. I think
23
MS.
: Okay.
24
MR.
: -- let me show you pictures.
25
MS.
: Sorry about that.
EFTA00127090
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MR.
: Because we have pictures from
2
3
MR.
:
Who took the pictures?
4
Do you know?
5
MS.
: Ms.
6
MR.
: Okay. Okay.
7
MR.
: That's okay.
8
MR.
:
Yeah.
9
MR.
: So, what I'm showing you are
10
the pictures taken inside the SHU.
11
MS.
: Okay.
12
MR.
: Is that Epstein's cell?
13
MS.
: This is
14
MR.
: On the top.
15
MS.
: -- yes.
16
MR.
: And that's the -. You guys
17
put the --
18
MS.
: The tape on it. Yes.
19
MR.
: -- the tape on it, to make
20
sure.
21
MR.
:
Yeah. That's it. When
22
you say you guys, SIS did?
23
MS.
:
Yes.
24
MR.
:
Yes.
25
MR.
: Okay.
EFTA00127091
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MR.
: Sorry.
2
MS.
: Oh.
3
MR.
: No, no, no.
4
MR.
: So, is this from the outside
5
of his cell, the second picture?
6
MS.
: Yeah.
7
MR.
: With
8
MS.
: This is the outside. Yes.
9
MR.
: So, what is this wire coming
10
up? Is that the CPAP machine?
11
MS.
: Yes.
12
MR.
: Okay. And you said you
13
removed it from the cell?
14
MS.
: Yeah. We took the CPAP
15
machine.
16
MR.
: Okay. And the CPAP machine
17
only extends to right there?
18
MS.
: I can't remember where it was
19
located at. I just know she went, you know,
20
took it out.
21
MR.
: So, what -.
22
MR.
: Was there - on the CPAP
23
machine and that cord specifically - was there
24
any indication that he may have used that to
25
strangle, to attempt to harm himself, or
EFTA00127092
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1
someone else attempt to harm him?
2
MS.
: No. Just the, like, the -
3
just the CPAP machine with the cord.
4
MR.
: So, was the cord not,
5
like, disheveled, or out of place? Was it
6
straight from the machine, all the way to where
7
it was plugged in?
8
MS.
: I can't remember.
9
MR.
: Okay. But there was
10
nothing --
11
MS.
: I can't.
12
MR.
: -- that indicated that he
13
was strangled by anything other than the noose
14
that they found in there?
15
MS.
: No.
16
MR.
: Nothing indicated that
17
the CPAP machine or cord was used?
18
MS.
: No. Hmm-mm.
19
MR.
: No. Okay.
20
MR.
: What happened to the CPAP
21
machine?
22
MS.
: It's in the SIS shop. In the
23
inventory.
24
MR.
: Oh, it's still there?
25
MS.
: It should be still there.
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I've been going for a while. But yes.
2
MR.
: Okay. But that was taken as
3
a --
4
MS.
: Yes.
5
MR.
-- evidence? Okay. Now,
6
we've seen a lot of the orange. What is that?
7
Is that sheets?
8
MS.
: They look like sheets.
9
MR.
: And if you notice, there's a
10
mattress on the floor.
11
MS.
: Yeah.
12
MR.
: Is that where Epstein slept?
13
MS.
: I don't know.
14
MR.
: Okay. Do you know if that's
15
where they found his body?
16
MS.
: I don't know.
17
MR.
: Okay. Okay. So, this might
18
be upside down.
19
MR.
: So, they were --
20
MR.
: I'll just -.
21
MR.
: -- were all the lines and
22
sheets, were they, then, if they weren't
23
inventoried, were they all discarded?
24
MS.
: I don't know. I don't know.
25
MR.
: You don't know. Okay.
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MR.
: Now, this picture - sorry, I
2
had to flip it a couple of times - it looks
3
like it's from the corner --
4
MS.
: Right.
5
MR.
-- looking into the cell.
6
What are these things that's tied up on?
7
MS.
: This, and like these?
8
MR.
: Yeah. Is that just to hang
9
clothes?
10
MS.
: They're clothes lines. They
11
use them normally. Mm-hmm.
12
MR.
: Well, what about this?
13
MS.
: I don't know.
14
MR.
: So, there's a ladder here
15
that goes up to the second floor.
16
MS.
: Right.
17
MR.
: Okay. And it looks like
18
there's a whole bunch of items on top. And
19
between the materials that's on the floor, and
20
the materials on the bed, you said there was an
21
excessive amount of linen and --
22
MS.
: Linen.
23
MR.
-- linen. Okay.
24
MR.
: Who would be responsible
25
for providing a linen, or removing a linen?
EFTA00127095
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MS.
: That would be the SHU
2
officers.
3
MR.
: Okay. So, people in the
4
SHU?
5
MS.
: Yes.
6
MR.
: And was that at all
7
questioned, like, hey, why was there someone's
8
linen in there?
9
MS.
: I don't. I didn't question
10
them.
11
MR.
: Okay.
12
MS.
: So, I can't
I don't know
13
if anybody else did.
14
MR.
: Okay. And if the cell
15
searches were being conducted, would that be
16
the time that they would actually take --
17
MS.
: Take everything.
18
MR.
: -- the linen out?
19
MS.
: Yes.
20
MR.
: Okay.
21
MR.
: So, what are we looking at,
22
at this picture? Is that the AED (Phonetic Sp.
23
*01:41:43) machine?
24
MS.
: Yes.
25
MR.
: And what is this right here?
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MS.
: I don't want to say the word
2
noose, but, you know, that's what it looks like
3
to me.
4
MR.
: Okay. And where exactly on
5
it, is this on the floor? Is that on the
6
corner?
7
MS.
: I don't know from the angle.
8
MR.
: But you know of, would
9
you know if this was the noose that was
10
actually --
11
MS.
: This was -.
12
MR.
: -- used -?
13
MS.
: I don't know. I don't know.
14
MR.
:
Do you know if there were
15
multiple nooses?
16
MS.
: I don't know. I don't r=
17
seeing. No. I don't recall. No.
18
MR.
: And where is -? What
19
happened to the noose?
20
MS.
: It's in the SIS shop.
21
MR.
: Okay.
22
MS.
:
Yeah. The SIS.
23
MR.
:
Still to this day?
24
MS.
: It should be.
25
MR.
: When was the last time you
EFTA00127097
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1
saw it there?
2
MS.
: It's been a while. I've been
3
out of work for some time.
4
MR.
: Okay.
5
MR.
: What is your
6
understanding of how the noose -? How they got
7
Epstein down? Do you know if it was ripped, or
8
if it was cut? Or do you know anything about
9
that?
10
MS.
: I don't know. Nobody never
11
said.
12
MR.
: Okay. So, you never
13
looked at it.
14
MR.
: Because no one said it to
15
you?
16
MS.
: Right.
17
MR.
: Okay.
18
MR.
: But not when you were'
19
collecting this evidence, though, wasn't
20
clearly, you know? Do you know if anything was
21
still hanging from where he was hung from, or
22
do you know if it was taken off of him after
23
they -?
24
MS.
: I don't know.
25
MR.
: You don't know. And who
EFTA00127098
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1
would be the person to talk to about that?
2
MS.
: The responders.
3
MR.
: Like, the first
4
responders?
5
MS.
: Yeah.
6
MR.
: As in, like,
and
7
8
MS.
: Yeah. The responders would
9
have seen the condition of the cell.
10
MR.
: Okay.
11
MR.
: Now, this is a picture. It
12
looks like --
13
MS.
: The bottom of that.
14
MR.
: -- what is this right here?
15
This is a --
16
MS.
: A mattress.
17
MR.
: -- is that another mattress?
18
MS.
: Yeah. It look like it.
19
Yeah.
20
MR.
: So, there is two mattresses
21
on top of each other?
22
MS.
: Mm-hmm.
23
MR.
: Okay. Let's go back
24
(Indiscernible *01:43:26). Another mattress on
25
the floor? Because I don't see two mattresses
EFTA00127099
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here. Right?
2
MS.
: No. That's only one.
3
MR.
: Oh, that's the --
4
MS.
: Again
5
MR.
: -- bottom one here. Okay.
6
MS.
:
I don't know who took the
7
pictures. I know she took a set of pictures,
8
and then when the FBI came in, they were
9
searching the cell, and they took a set of
10
pictures. So, I really don't know whose
11
pictures those are.
12
MR.
: Is that two mattresses, or
13
just one mattress?
14
MS.
: It looks like one.
15
MR.
: One. Okay. But so, I
16
thought this picture taken, another mattress
17
was put on top?
18
MS.
: Right. This look like two.
19
Of course, well, it is two. So, I don't know.
20
MR.
: And look at this pill
21
bottles. There's different medications sitting
22
on the top bunk?
23
MS.
: Yeah.
24
MR.
: Are those things allowed in
25
the SHU?
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MS.
: The inmates, I think, are
2
allowed to have their medications.
3
MR.
: It's not something where the
4
medical comes by? It's because they're in the
5
SHU, medical comes by daily and gives them the
6
medication?
7
MS.
: They normally do, do a pill
8
line daily. I don't know why he had -.
9
MR.
: Well, it's dependent on
10
the medication.
11
MS.
: It is.
12
MR.
: Correct? Some
13
MS.
: Yeah.
14
MR.
: -- some medication can be
15
provided --
16
MS.
: Because I've seen --
17
MR.
: -- through self-care.
18
MS.
-- yes. Yes.
19
MR.
: Right.
20
MS.
: Yes.
21
MR.
: Some needs to be provided
22
by the medical staff.
23
MR.
: And that's the picture of the
24
noose. Something you guys took, or -?
25
MS.
: The one that we took. Yeah.
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MR. •
2
MR. ■
3
the same --
4
MS. •
5
: Okay.
: Do you know if this is
: Let me see.
MR.
: -- one that we looked in
6
the other picture, though?
7
MS.
: Not that. I don't know.
8
MR.
: It looks like that. There's
9
different pictures of the noose.
10
MS.
: Yeah.
11
MR.
: All right. And we've got a
12
picture of bed. With all the linen on it.
13
MS.
: Okay.
14
MR.
: And that's all the materials
15
that was on the top bunk.
16
MS.
: Okay.
17
MR.
: Did you
18
MR.
: You didn't take these
19
pictures, though. Correct?
20
MS.
: No.
21
MR.
: Did you even go into the
22
cell, at the time, to see all of this?
23
MS.
: No. They -. When the other
24
agencies was there, and we were out. On the
25
outside.
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MR.
: Okay. So, but
2
the one who took these pictures?
3
MS.
: I don't know if these are her
4
set of pictures because the FBI took pictures,
5
as well. So, I don't know --
6
MR.
: Okay.
7
MS.
: -- if you have hers or
8
theirs.
9
MR.
: I gotcha.
10
MR.
: Before the FBI got in, was
11
anything moved in the cell?
12
MS.
: No.
13
MR.
: Okay. So, yeah. This is
14
the kind of overall picture, and this is where
15
it kind of, you know, looks like there's
16
definitely an excessive amount of linens.
17
Correct?
18
MS.
: On these pictures, yes.
19
MR.
: And is that a security
20
issue, if there is an excessive --
21
MS.
: Yes.
22
MR.
: -- amount of linen? And
23
what is that reason that that would be a
24
security issue?
25
MS.
: Excessive. The inmates been
EFTA00127103
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known, you know, and to start fires. Suicide
2
inmates, that's excessive for them.
3
Definitely.
4
MR.
: So, inmates that came off of
5
suicide watch, or is, like, an observation,
6
they shouldn't have -?
7
MS.
: No. They shouldn't have that
8
much linen.
9
MR.
: Okay. You would - I know
10
you've been speaking - but you don't know where
11
exactly he hung himself, or where the body was
12
found, or anything like that?
13
MS.
: No. I don't know.
14
MR.
: Do you know if - for
15
instance, this, this looks like potentially
16
where he hung himself around - do you know if
17
this was placed back up there, or if that
18
remained there, undisturbed?
19
MS.
: I don't know.
20
MR.
: You don't know. Okay.
21
So, where is
now?
22
MS.
: I'm assuming she's here.
23
MR.
: Okay. So, she still
24
works here?
25
MS.
: Yes. Oh --
EFTA00127104
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MR.
2
MS.
3
Yeah.
4
MR.
152
: Okay.
: -- that's what you mean.
: And she's still an --
5
MS.
: SIS.
6
MR.
: -- an SIS?
7
MS.
: Yes.
8
MR.
: Okay. So, she would be
9
really the person - she took photos - she would
10
be the person to ask about --
11
MS.
: Yes. She did take photos.
12
MR.
: -- these things?
13
MS.
: Yes.
14
MR.
: Okay. Thank you.
15
MS.
: Mm-hmm. No problem.
16
MR.
: Did she have any
17
involvement with investigation? Was she here
18
prior to your arrival?
19
MS.
: I don't know if she was here.
20
MR.
: Was that -?
21
MS.
: No. She wasn't here. No.
22
She wasn't here.
23
MR.
: So, she came after --
24
MS.
: Yes.
25
MR.
: -- you arrived. And did
EFTA00127105
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you immediately say, go take photographs, or
2
what did you tell her to do?
3
MS.
: We went up to do the photo -.
4
Tape the door up. We went up to tape the door
5
up. I don't remember at what point she took
6
photographs of the cell.
7
MR.
: But it wasn't that day?
8
MS.
: No. I don't think she went
9
inside -. Because it was blocked off. So,
10
nobody went inside that day. We just took the
11
angle you see of the door. Just so we could
12
show that we taped it off.
13
MR.
: Did the FBI go in that
14
day?
15
MS.
: When they came, yes.
16
MR.
: Okay. SIS did not go in
17
that day?
18
MS.
: No.
19
MR.
: Just the FBI?
20
MS.
: Yes.
21
MR.
: Okay.
22
MS.
: Yes.
23
MR.
: Was there video taken, or
24
just pictures?
25
MS.
: I don't know. We didn't take
EFTA00127106
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any videos.
2
MR.
: Okay. Nothing?
3
MR.
: Oh, no. Okay. It sounds
4
like the FBI is the people to talk about, with
5
the - as far as who went in there first, to --
6
MS.
: Yeah. They went in --
7
MR.
: -- to take pictures.
8
MS.
we just escorted them up.
9
I escorted them up there, and -.
10
MR.
: Do you know if anything -
11
after they removed Epstein's body from the cell
12
- do you know if they anybody went back into
13
that cell?
14
MS.
: I don't know.
15
MR.
: You don't know?
16
MS.
: I don't know.
17
MR.
: Prior to the FBI going
18
in?
19
MS.
: Yeah.
20
MR.
: When Epstein was brought up
21
to the hospital, do you know what he was
22
wearing? Do you know if there was an inventory
23
stuff on the -? You know, the clothes that was
24
on him. What happened to the stuff that was
25
inventoried?
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MS.
: I don't know.
2
MR.
: Was anything brought back?
3
MS.
: No. Nothing was brought
4
back. But the disk with the pictures they took
5
out there.
6
MR.
: Do you know, did you hear of
7
when R&D, was any R&D officers sent to the
8
hospital?
9
MS.
: I don't know if the officers
10
was there. The supervisor, Mr.
11
(Phonetic Sp. *01:48:57) went out to the
12
hospital.
13
MR.
: And when they go out on a
14
situation like this, do they go to the hospital
15
with anything with them? Like cameras.
16
MS.
: Yeah. You took the pictures.
17
And he - I think he did the fingerprints.
18
MR.
: So, he did take pictures?
19
MS.
: Yes.
20
MR.
: It's on a camera provided by
21
MCC?
22
MS.
: Yes.
23
MR.
: And he took fingerprints
24
also?
25
MS.
: I think he did fingerprints
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also.
2
MR.
: Did he also take a video,
3
or just camera pictures?
4
MS.
: Just pictures.
5
MR.
: Do you know where those
6
pictures are?
7
MS.
: On my home drive.
8
MR.
: Okay. Is that another
9
thing that we can ask you to send to us, as
10
well --
11
MS.
: Okay.
12
MR.
: -- to make it a little
13
less, and then we'll send in an email out.
14
MR.
: Yeah.
15
MS.
: Mm-hmm.
16
MR.
: Is there a reason -?
17
MS.
: (Indiscernible *01:49:37).
18
Oh, it's (Indiscernible *01:49:39). I was -.
19
Because I had a binder, too. I was -. I'm
20
just trying to brainstorm, see if I could get
21
it to you guys while you're here. That's what
22
23
MR.
: Is there a reason why
24
- sorry - that
went to the hospital,
25
took pictures on his personal phone, and texted
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that over to the AW?
2
MS.
: I didn't even know he went to
3
the hospital. This is the first I'm hearing he
4
went to the hospital.
5
MR.
: He said he was under the
6
impression that the R&D did come in with the
7
camera, but they left without taking any
8
pictures, and they took the camera with them.
9
MS.
: I don't know why he was under
10
the impression because he brought the camera
11
back, and I downloaded the pictures off of it.
12
MR.
: Is there any policy about
13
just anyone, you know, C.O.s, any BOP employees
14
taking pictures on their personal phone, for
15
suicide, or anyone like that?
16
MS.
: You shouldn't be taking any.
17
MR.
: Are you familiar
18
MS.
: Any pictures.
19
MR.
: -- if there's any policy like
20
that?
21
MS.
: I don't know if it's a
22
policy. I don't know.
23
MR.
: But as far as you know, you
24
never got those pictures?
25
MS.
: From Mr.
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MR.
: Yeah.
2
MS.
: No.
3
MR.
: Okay. Do you have any
4
questions in regards to that topic?
5
MR.
: Nope.
6
MR.
: Have you heard - did you hear
7
anything about doors in the SHU being left
8
unlocked?
9
MS.
: No.
10
MR.
: Was there ever any issues
11
about C.O.s possibly leaving the SHU doors
12
unlocked, the tiers doors unlocked, so it's
13
easier to walk in and out?
14
MS.
: I don't know.
15
MR.
: Okay. What about cell doors?
16
Did you ever hear any rumors about possibly
17
that cell doors in Epstein's tier was left
18
unlocked?
19
MS.
: No. I never heard it.
20
MR.
: What is your
21
understanding of how Epstein -? Of what
22
happened with Epstein?
23
MS.
: My understanding was, they
24
found him, I guess sitting on the floor, with a
25
rope around his neck. And I don't know who
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went in the cell first.
But I did hear was
2
Mr.
, Ms.
I heard Lieutenant
3
and I don't remember who it was from medical.
4
MR.
: As far as when he was
5
found, though, was it your understanding that
6
he did whatever happened to him, to himself?
7
MS.
: That's what my understanding
8
was.
9
MR.
: Do you have any
10
information at all that would suggest that
11
Epstein did not harm himself, and that someone
12
else harmed him?
13
MS.
: No.
14
MR.
: No.
15
MR.
: Did he have any threats from
16
other inmates?
17
MS.
: I don't know.
18
MR.
: Okay. Anything else?
19
MR.
: Nope.
20
MR.
: Did you ever interact with
21
Epstein while he was at the -?
22
MS.
: When I did the first suicide
23
attempt, allegedly.
24
MR.
: After that. Have there been
25
any interactions?
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MS.
: No interaction. I just seen
2
him in attorney area because he did his
3
attorney visits pretty much all day. So, if I
4
would walk by and see him, I will step in and
5
ask him was he okay. Normally, he will just
6
give the thumbs up, and you know, I will walk
7
away. But if I see him, I definitely will ask.
8
You know, you okay, anything you need? And he
9
will just throw the thumbs up.
10
MR.
: Was he given any special
11
privileges here at the MCC?
12
MS.
: Not that I know of.
13
MR.
: Being that -. What is your
14
understanding about him having attorney
15
conference every day? Did you know that he was
16
in attorney conference pretty much every day,
17
from 8:00 a.m. to 8:00 p.m.?
18
MS.
: Yes.
19
MR.
: Was that something that was
20
afforded to other inmates?
21
MS.
: I've seen it done before.
22
MR.
: Okay.
23
MS.
: Yes.
24
MR.
: So, it's happened in the
25
past?
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MS.
: Yes.
2
MR.
: Okay. So, it's not just him?
3
MS.
: Mm-hmm.
4
MR.
: Okay. Do you know which
5
other inmates?
6
MR.
: No. We don't need to -.
7
MR.
: Okay.
8
MS.
: I don't know.
9
MR.
: I got nothing else on the -.
10
MR.
: So, these are - when we
11
were talking about count slips previously -
12
this is what I was talking about. So, do you
13
see, all these other counts, this was the 10:00
14
p.m. count on August 9th. All these other
15
count slips have crosses all over them.
16
They're checking, you know, say, from our
17
understanding, it says as one, d ft things come
18
in, they check them off.
19
MS.
: Mm-hmm.
20
MR.
: Well, these two that one
21
is from R&D, and one is from the SHU, one) they
22
don't have the check marks coming off of; and
23
two) they ZA one, which is the SHU, says 73+1.
24
And the R&D says 95+1. Do you know anything
25
about that?
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MS.
: No. I don't know what the
2
plus one stands for.
3
MR.
: No. Do you know anything
4
about, like, ghost counting, or anything of
5
that nature?
6
MS.
: I've heard them ghost count
7
before. If an inmate was in medical during a
8
count.
9
MR.
: Would they put, like --
10
MS.
: One.
11
MR.
: -- a plus one on the slip
12
if they're ghost counting?
13
MS.
: I've never seen. I've never
14
seen a plus one, when I've taken a count.
15
MR.
: Okay.
16
MS.
: To be honest with you. I've
17
never seen a plus one.
18
MR.
: And when you said that
19
you were handling the count slips, or
20
collecting them, did you remember seeing
21
anything like that, with the NS+1, or the
22
MS.
: I don't remember.
23
MR.
: You don't remember?
24
MS.
: I don't remember.
25
MR.
: Is that very abnormal to
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you, that those things are on there?
2
MS.
: Yes.
3
MR.
: Okay.
4
MS.
: Yes. I would have sent this
5
count slip back because plus one --
6
MR.
: Or it --
7
MS.
doesn't tell me
8
MR.
-- it may have been the
9
people that were doing the count, that wrote
10
it, is actually where the thought is.
11
MS.
: Oh, I don't know.
12
MR.
: But you don't know.
13
MS.
: I've never seen a plus one.
14
MR.
: Okay.
15
MR.
: In terms of, if there is
16
possibly a suicide, is there, during training,
17
are C.O.s taught what actions to take if they
18
think that there's a possible suicide attempt
19
in a cell?
20
MS.
: Yes.
21
MR.
: What is the training?
22
MS.
: We get suicide prevention
23
training yearly, during annual refresher
24
training, the psychology conduct mock
25
exercises.
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MR.
: And what do they teach you?
2
Like, if you see something. If you see
3
possible suicide. What is the C.O. supposed to
4
do?
5
MS.
: First, you're going to yell
6
for help, or for a supervisor, but when you
7
have another staff member with you, you could
8
open the door and attempt to free that person,
9
if - for instance - if it's a noose or
10
something to that effect.
11
MR.
: They don't have to wait for
12
other C.O.s to respond?
13
MS.
: Well, it is recommended that
14
you have somebody with you.
15
MR.
: Okay.
16
MS.
: It is recommended that you
17
have somebody with you.
18
MR.
: Recommended, not
19
required?
20
MS.
: I don't think it's required.
21
MR.
: Is there part of the
22
security part where it could be a rouse to get
23
you in, and then they could overthrow you?
24
MS.
: Absolutely. Absolutely.
25
MR.
: So, is that why -? So,
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our understanding was that it was actually a
2
requirement that you're not supposed to go in
3
4
MS.
: By yourself.
5
MR.
: -- by yourself.
6
MS.
: Just in case there is a fake
7
attempt or something to get in you.
8
MR.
: Anything else?
9
MR.
: Nope.
10
MR.
: I got nothing else in my line
11
of questioning.
12
MR.
: Great. Yeah, no. So,
13
there is no, nothing for you to believe that
14
Epstein did anything other than take his own
15
life?
16
MS.
: No.
17
MR.
: Okay. And then, that
18
these other things were just systematic
19
failures. What do you think overall led to
20
Epstein being able to take his own life?
21
MS.
: I want to say the systematic
22
failures, the breakdown with, you know,
23
although we don't know the previous attempt, we
24
don't know the logistics, right? So, if we
25
know we had this inmate, we should have been
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watching him a little bit better, I think.
2
MR.
: So, do you think the main
3
reasons would be, if counts and rounds weren't
4
being conducted, would that be a big factor
5
into why he was able to kill himself?
6
MS.
: Yes. I would say so, because
7
if you know nobody is walking around.
8
MR.
: What about the fact that
9
he didn't have a cellmate, and he was supposed
10
to have a cellmate?
11
MS.
: That, as well.
12
MR.
: Do you think one of them
13
is more important than the other? Or do they
14
go hand in hand?
15
MS.
: I think they go hand in hand.
16
MR.
: Okay. So, they're both
17
as equally --
18
MS.
: Yes.
19
MR.
: -- as important. is
20
there anything else, aside from those two main
21
issues, that you think led to Epstein's death?
22
MS.
: I really can't say. I don't
23
know.
24
MR.
: Okay. Anything that we
25
didn't ask you, that we should know about?
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MS.
: No. You guys pretty much
2
MR.
: Yeah.
3
MS.
much asked
4
MR.
: No. I know we
5
MS.
: -- everything.
6
MR.
: -- we covered a lot.
7
Great.
8
MR.
: Well, thank you for taking
9
the time to talk to us today.
10
MS.
: Yeah.
11
MR.
: Can we just have --
12
MS.
: No problem.
13
MR.
: -- her initial?
14
MR.
: Yeah.
15
MR.
: Okay. So, the thing
16
that, we just - so that we know we talked, that
17
all these have to get attached to the
18
recording. If you could just initial. For
19
instance, this pack. Just initial the top
20
photograph, because there's anything
21
MS.
: Okay.
22
MR.
: -- so you don't have to
23
go through none of them. But the things that
24
we discussed, if you don't mind just --
25
MS.
: No problem.
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MR.
: -- initialing and dating.
2
And today's date is
3
MS.
: The 23rd. Correct?
4
MR.
-- correct. So, 9/23/21.
5
MS.
: Oh, I feel special. I got a
6
new pen. Oh.
7
MR.
: Oh. There goes that. I just
8
had the other pen. Okay, there you go, sir.
9
MS.
:
Yeah.
10
MR.
: I apologize.
11
MS.
: Okay.
12
MR.
: And it goes government pens.
13
MR.
: Anything else?
14
MR.
: No.
15
MS.
: (Indiscernible *01:59:01).
16
MR.
: (Indiscernible *01:59:15).
17
MR.
: Okay. Thank you very
18
much.
19
MS.
: Yeah. No problem.
20
MR.
:
Is that all of it? The
21
things we covered.
22
MR.
: I'm just looking for --
23
MR.
:
You have the most --
24
MR.
oh, that's everything.
25
MR. -:
-- beautiful handwriting
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1
I think I've ever seen. It's like calligraphy.
2
MS.
: Oh, really? I thought it
3
was, like, chicken scratch and all over the
4
place.
5
MR.
: No. And once I saw it, I
6
was, like, wow. That is pretty impressive.
7
MS.
: Okay.
8
MR.
: Okay. You want to end
9
it?
10
MR.
: Yeah. So, we've going to end
11
the interview. The time is 11:19 a.m. on
12
September 23rd, 2021. This is Special Agent
13
. I'm ending the interview.
14
15
16
17
18
19
20
21
22
23
24
25
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CERTIFICATE
2
I hereby certify that the foregoing pages
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6
7
8
9
10
11
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represent an accurate transcript of the
electronic sound recording of the proceedings
before the Department of Justice, Office of the
Inspector General in the matter of:
Interview of
Brianna Rose Burton, Transcriber
EFTA00127123
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